


Shards of Glass Part II

by Mini_Goat



Series: Shards [2]
Category: JAG (TV 1995), Stargate SG-1
Genre: Courtroom Drama, F/M, Heavy Angst, Legal Drama, Love, Unplanned Pregnancy
Language: English
Status: Completed
Published: 2020-10-19
Updated: 2020-11-15
Packaged: 2021-03-08 23:01:47
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 12
Words: 22,921
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/27104653
Author URL: https://archiveofourown.org/users/Mini_Goat/pseuds/Mini_Goat
Summary: So to recap our story SG-1 was unlawfully imprisoned in a labor camp that was working as a black market baby mill where Jack and Sam were forced to have sex until Sam became pregnant. On their return, Jack was promptly arrested for having an inappropriate relationship with an officer below his grade and in his direct chain of command. Jack is going to need a good JAG officer and Hammond might just know the right guy to call...
Relationships: Samantha "Sam" Carter/Jack O'Neill
Series: Shards [2]
Series URL: https://archiveofourown.org/series/1927477
Comments: 122
Kudos: 125





	1. Chapter 1

**Shards of Glass Part II**

**Chapter 1**

SG-1 was sitting around the briefing room table. Worried faces turned to General Hammond as they waited for him to speak. Jack was in the brig. Bauer was not invited to this meeting and the AFs had been ordered not to allow him or his people to enter.

“I’m sorry, Sam, the NID must have someone in the White House that tipped him off.” Without saying the name, they all knew who that probably was. “He arrived on base without warning and a warrant for Jack’s arrest. The best I could do was refuse to allow Jack to be removed from SGC custody until counsel could be secured. Rear Admiral Chegwidden owes me a favor.” SG-1 did not speak but Hammond could see the confusion in their eyes that Hammond had contacted the Navy about Jack’s trial. “Because of your positions and the levels involved, we have a clearance issue for defense so we might have to cross pollinate. Jack may end up with a Marine or Navy defense counsel instead of an Air Force one as there aren’t many who can even sit in on the case but he’s promised to send his best person here as quickly as possible.”

“It doesn’t make any sense!” Daniel all but shouted, frustration in his voice. “We’ve been gone for a year and a half, sir! The SGC has always been forced to list us as PKIA within three months of a disappearance in the past. They did the same in this case.” He swallowed as his voice was starting to crack.

George made a placating motion with his hand. “They did but I argued that given the habit of SG-1 coming through no matter what to put all your belongings in trust and kept checking for updates when we could get to that quadrant of the galaxy. All four of you disappeared without a trace. We knew the Goa’uld didn’t have you because they were furious and thought we had you all hidden from them somehow.”

“Sir, this is absurd. We did nothing wrong!” Sam insisted, trying to keep her emotions in check. “Colonel O’Neill and I weren’t given any choice. They threatened to let anyone who wanted to... to rape me if we didn’t…” Sam swallowed, unable to continue.

“I know, Sam, and I’m sorry. I’m doing everything I can to get Jack the best counsel I can manage. I’m going to petition he be remanded to his team’s custody as well. He’ll have to stay on base but at least it won’t be like last time. This isn’t a murder investigation after all.” Hammond told her, remembering the hit on Kinsey and the subsequent framing of Jack that time.

Sam huffed out a sigh. “Will we at least be able to see him before the exploratory session, sir?”

“I know you have details you need to work out, Sam. It will have to be supervised but, yes, I’ll do what I can. How are you feeling?”

Sam gave him a wan smile. “About how you’d expect, sir.”

“Sam, there is a very real possibility they will try to reduce your rank as punishment as well.”

“I know, sir.” Sam said, her voice resigned.

“I said _try_ , Major.” Hammond gave her a conspiratorial smile. “Dr. Jackson, did we at least learn anything about these people besides this Lucian Alliance has infiltrated their government?”

“Er, yes sir, their names alone were a pretty big clue that they were originally Latin. Fairly advanced. Probably slightly ahead of us in a number of ways as they have colonized several star systems in their local cluster. They also made contact with at least one local society who does still have a Gate, which was how we ended up in their hands.”

“Would you say it’s worth pursuing further contact?”

“I think Londaris at the least would be open to the idea. I’m not certain how his government might feel. He did have to sneak us off the planet after all.”

“All right, people. Your things have not been moved out of your offices or quarters in spite of a couple attempts on the part of the US government to suggest I do so. Sam, both your house and the Colonel’s have a lock box on the door. Walter has been coordinating yard work with volunteers. It may not be up to either of your standards but the lawns are tidy. The security company costs have been coming out of your pay.”

Sam smiled and bit her lip. “Thank you, sir.” It wasn’t like she’d been home to spend it.

“That said, it looks like we might need to throw you a baby shower, Sam.” Hammond said with a kind smile. “For whatever it’s worth, congratulations. I know the situation isn’t ideal but I’ll do what I can to smooth the way.” Hammond frowned for a moment. “We’ve been trying to contact Jacob about your status for some time Sam but the Tok’ra have had him in deep cover and to my knowledge have not passed on your status to him.”

“Understood sir.” Boy was her dad going to be mad when he found out she’d been missing all that time and hadn’t been told.

“What is a baby shower?” Teal’c wondered out loud.

“Dr. Jackson, I’ll let you handle this one. I have some phone calls to make.” George looked at his notes and briefly pondered Teal’c apparent gaps in knowledge even after all these years. “I’d really like all three of you to remain on base until further notice. I’ll let you know when you can see Jack.”

“Yes sir.” Daniel and Sam said together, Sam’s tone subdued.

Teal’c just nodded. He trusted Hammond of Texas to resolve this unfortunate issue.

SG-1 sans Jack filed out and George sat at the table for several moments just thinking. Finally he got up and went to his office. Before he’d even sat he poked a button on his main line. “Walter, get me Albert Chegwidden on the horn.”

“The Admiral, sir?”

“You know of any other Albert Chegwidden’s?” George asked him dryly as he sat.

“No sir.” Walter admitted and hung up.

George sighed. This should have been a very different day than it had gone. The SGC should be celebrating the return of its missing team. Instead they were in for the legal fight of their lives because a petty man wanted to punish them. Yes, Major Carter was pregnant and, yes, the father was her commanding officer, Jack O’Neill, but their status should have some bearing on the outcome here. He just hoped his old buddy in the Navy had someone with the clearance and chops to put this fire out.

* * *

Sam’s quarters weren’t anywhere near the size of Jack’s but she wasn’t second in command on the base either. Uncle George had apparently had someone temporarily assigned to Jack’s position but had refused to fill the post permanently. He’d never given up hope that they would one day return.

She sat down on her thin bed and covered her face in her hands. Her hair fell forward having grown out considerably in a year and a half. She couldn’t just let Jack take the fall for this. Discovery and the trial itself could drag out almost a year and if they threw the book at him, he was looking at two years and forfeit of all pension rights.

Sam washed her face and put her shoulders back. She’d go talk to Hammond and tell him exactly what happened when since Jack couldn’t.

She bit her lip as she rode the elevator back down to 28. Head high, she went right into the Gate room and headed for the control center and, behind it, General Hammond’s office.

“Is he free, Walter?” she asked the man who was seated at the gate controls more than any other person on the base.

“He just got off the phone, ma’am, and I haven’t seen General Bauer in a while so you should be safe.” Walter said with a kind smile.

Sam patted his shoulder and headed off to beard a rather bald lion. She squared her shoulders and knocked on Hammond’s door.

His familiar deep voice called out, “Enter.”

“Sir? Do you have time for a private conversation?”

“Is this on or of the record, Major?” Hammond asked her.

Sam took a deep breath and huffed it out. “I could use some legal advice, sir.”

“I’m not JAG, Sam. I’m not sure how much help to you I will be.”

“It’s more in the nature of I’d like your opinion on how I should proceed.” Sam bit her lip.

“Well, take a seat and we’ll talk about it.” He motions for her to close the door and picks up his phone. “Walter, hold my calls and keep that troll out of my briefing room.”

“Yes sir.” Walter told him and lowered the blast shield to avoid any peeking as well.

“Now then, Major, tell me what’s on your mind.” George said, leaning back in his chair.

“Sir…” Sam looked at the kind expression on Hammond’s face. “Uncle George… we tried everything to avoid having sex, I swear. They forced him. Told him that if he didn’t do it they would let me be raped over and over. You know how he is, Uncle George. And it killed him to do that to me. He didn’t want things that way. He felt like he was being forced to rape me instead.”

Sam sighed, her eyes bright with tears. “It wasn’t though. I gave him consent so he wouldn’t be eaten up inside over it but he felt that way anyway. He still felt like he was forcing me even though he wasn’t. The only reason he was able to at all was because of what the alternative was.”

“They wouldn’t let you be with Dr. Jackson or Teal’c instead?”

“It didn’t work that way. Once you were in the pool that’s where you stayed. There had already been a fight for me once and we all knew he wasn’t happy about the outcome but he knew he’d be killed if he tried anything. With me in the pool… there wasn’t anything the guys could do.”

“I see.”

“This isn’t his fault. Bauer is only doing this to get back at me for humiliating him.”

“You’re certain?”

“He said I’m next when I walked by him.” Sam told Hammond.

George nodded. “That was also my impression but I wasn’t 100% certain without proof. I want you to be very careful, Sam. This is a complicated issue and Bauer might use that against us.”

“I understand, sir.” She told him.

He wanted to warn her to keep things professional with Jack but didn’t have the heart to do that to them. Decisions had to be made there as well. If Sam wanted her position back, it was hers. Jack might be more problematic. His physical showed he wasn’t going to pass a field test and without surgery his knee wasn’t going to handle going back in. Given how long the trial might drag out, it might be too late by the time they could get to it.

Samuels, his first second at SGC, had never been on a team, thank all that was holy. George would have to sit down with some of the joint chiefs and see what they recommended. He was fairly confident the charges wouldn’t stick in the end. Not after what Sam had told him.

“Just tell the truth, Major.” Choosing to pointedly refer to her by her rank so she’d know he was addressing this as a professional decision. “Tell the unvarnished truth.”

Sam nods. “If that’s what you think is best, sir.”

“I do, Sam.” He told her. “You know I won’t stop until you are both exonerated.”

“I know that, sir.” Sam said softly.

“Good. Now… go dust your lab before Dr. Jackson convinces you to help him clean his.” George told her with a kind smile.

“Yes sir.” She told him standing.

“An old friend of mine has assured me he’s sending Jack his best guy.” He told her.

Sam nodded and left.

* * *

Teal’c was helping Daniel clean his office. “It appears at first they simply continued adding reports to your workload, Daniel Jackson.” Teal’c said of the files piled on his desk.

“Yah. They must have held out hope for a long time.” Daniel said sadly.

“Were we on Chulak, O’Neill could challenge Bauer for his honor as a warrior.” Teal’c said as he moved a box of books so he could clean the table they were on.

“It never would have been an issue as a Jaffa, would it?”

“It would not. A warrior’s love for his mate is honored in our society and serving together is encouraged.”

“It’s not even their fault. They did everything they could to avoid exactly the situation they are in.” Daniel said in frustration as he slammed files into a box until he could go through them. “We lost a year and a half of our lives and the first thing our government decided to do was punish them for something they wouldn’t have done unless they were forced to.”

“Who is it that Hammond has requested help from?”

“Some old buddy of his he used to run joint exercises with. I guess he went into JAG after he got out of the SEALs.”

“Then O’Neill is in good hands.”

Daniel nodded absently as he moved another pile of books. “I sure hope so.”


	2. Chapter 2

“Sir, you wanted to see me?” Harmon Rabb stuck his nose in his commander’s office.

“Commander Rabb, come in and shut the door.”

“Sir?”

“Take a seat, Harm.”

“Yes sir.” Harm sat across from Admiral Chegwidden and propped one leg over his other knee.

“I have a case for you that requires special clearance. You’ll have to sign a 312 when you reach the base.”

“Sir?”

“Highly classified facility. So classified they don’t have enough people qualified to try the case and serve as JAG in their branch.”

“It’s not Navy, sir?”

“Air Force.”

“Really?”

“Here’s the file. The case itself is pretty cut and dry. Fraternization. Conduct unbecoming of an officer. Sexual harassment. There’s no doubt in the matter of the First charge. Both parties admit to the incident as the Major involved is now several months pregnant with her commanding officer’s child.”

“So why don’t they just plead guilty then?”

“Well, that’s where that 312 is going to come in. I’m afraid I can’t give you any details on the matter but everything will become clear once you’ve heard the entire case.”

“I’ll get my team ready to go.”

“Not this time, Commander. You’re the only one with sufficient clearance to review the details of the case.”

Harm whistled.

“Your flight leaves in an hour. Someone will meet you at Peterson and take you to the Cheyenne facility.”

“NORAD?”

Admiral Chegwidden smiled slyly. “That’s there too.” He dismissed Harm who left his office with a bewildered expression.

“Sir?” Sarah asked Harm as he walked back to his office.

“Looks like I’m headed for Colorado Springs.” Ham said in a bewildered tone.

“What about us, sir?” Bud asked him.

“Just me this time, Bud. Sorry.”

“Nuts.” Bud Roberts said and Sarah gave him a sympathetic smile.

“Good luck then, sir.” Sarah said with a smile and watched Harm gather his things and left.

* * *

“Well, Colonel, I must say, when I was ordered to come out here and warned I’d be signing a 312, I was expecting classified weapons testing not little green men.” Harm said by way of greeting after the AF left and closed the door.

“Grey.” Jack said from the table he was sitting at going over base files.

“Pardon?”

“The Asgard are grey.” Jack said in a monotone, never looking up from his work.

“Ah. How familiar are you with the Tribunal process, Colonel O’Neill?” Harm asked him as he grabbed the folding chair facing the TV and turned it to sit across from Jack.

“Familiar enough.” Jack said in that same flat tone he’d greeted Harm with.

“Sir, General Hammond doesn’t believe you are guilty of the charges against you and I’m inclined to agree from the briefs he showed me from your team.”

Jack shrugged in disinterest and continued filling out paperwork. “I’ll need you to get me a durable power of attorney for Major Carter. She’ll need an allowance appropriate for childcare expenses including a live in nanny. I’ve been making a list of agencies with someone with clearance or who might qualify for clearance. Be sure she gets anything she needs financially to continue in her position and not have to worry about the safety of our child.” Jack said as he signed a brief off.

“Sir, we really should discuss the details of the case.”

“It doesn’t matter, Commander Rabb. I’m pleading no contest.”

Harm took a long look at this man he’d been sent to represent. Something was up here. His commanding officer believed the man innocent of wrongdoing. His supposed victim painted a picture of a man whose honor was above reproach, that he’d been forced to do what he’d done and she’d consented due to the circumstances as well in her brief. What wasn’t he being told here?

“I’ll get you that paperwork, sir… and I’ll be back later to discuss the case with you.”

“I’m sure you will.” Jack said and any other time it might have been a joke yet clearly it wasn’t now.

Harm shook his head. There was something going on here. Something he wasn’t being told that was definitely not above board.

He got up and left but not without taking one last thoughtful look at the Colonel who was still busy at work at his folding card table.

Outside the monitored guest quarters O’Neill had been given, Harm was greeted by one of the largest black men he had ever met. The man bowed to him slightly and Harm noticed the raised gold symbol on the man’s forehead. “Ah, you would be…. Teal’c?”

“I am.” The man agreed.

“Nice to meet you. I’m Commander Harmon Rabb. You can call me Harm if you like.” He said holding out a hand.

Teal’c had finally adapted to the Tau’ri habit of shaking of hands and took Harm’s. “I will address you as Rabb.” He told the other man, as they shook hands briefly. “I wish to speak to you regarding O’Neill’s case.”

Harm frowned hopefully. “I am at your disposal, Mr. Teal’c.” He told the other man who simply nodded as the Jaffa led him to one of the empty conference rooms and shut the door behind them.

“O’Neill is innocent of wrongdoing.”

“And yet he just told me he intends to plead no contest. Why?”

“Many years ago, O’Neill made an enemy of Senator Kinsey but that is not who this is about. O’Neill is only a means to an end. A few years ago, Major Carter humiliated General Bauer and he is taking this opportunity to punish her through the father of her child.”

“How so?”

“Your military laws are that they cannot be in an intimate relationship while she is under his command... however… they were not forced to be intimate until a date that is after your military classified all of us presumed killed in action.”

“Making him no longer her commanding officer.” Harm deduced.

“That is correct.”

“Do you have proof though?”

“Indeed I do… or will. Daniel Jackson is attempting to secure it but it may take some time. There was some contention regarding our legal right to return to this planet. However, those imprisoning us did so unlawfully.”

“Well, that was clear as mud.”

“Indeed it is murky.”

Harm gave the man a side eye, unsure if he was being toyed with or this man was simply the driest sense of humor he’d ever encountered. “What kind of proof does Dr. Jackson have?” He asked, now very curious.

“Major Carter was frequently checked medically. If the man who freed us can access her medical records, they will show she had no sign of sexual activity until nearly eight months after our capture. This was when O’Neill was forced to bed her or allow her to be raped by any man who wished to at the facility.”

“So it was her commanding officer or rape?”

“Indeed.”

“What about you or Dr. Jackson instead?”

“The reasons for that are outlined in Daniel Jackson’s brief. I recommend a thorough review in spite of its length.”

Harm nodded. “Looks like I have some reading to do.” He said.

“Beware of General Bauer, Commander Rabb. He is not an honorable man.” Teal’c told him and left the room and Harm to process what he’d been told.

* * *

Three days later, Sam was allowed to talk to Jack finally. His advocate wasn’t there but a guard was.

“Ah, Major, just the person I wanted to see.” Jack holds out a briefing folder to Sam.

Sam took it with a quizzical look.

“I need you to sign the top two forms for me so I can get them back to Commander Rabb.” Jack said. “There’s a list of nanny services you should go through. All of them have or can get security clearance sufficient to be a live in employee. I think your house might be too small for that. Feel free to clean out my office and guest room to make them a nursery and living space for the nanny. Redecorate what you need to. Just put my desk in the den and the rest of the stuff in the basement.”

Sam opened the briefing folder and began sifting through the contents. “Sir, this is a DPA and the deed to your house.” She accused him, staring in disbelief at the paperwork.

“Realistically, Major, I won’t be needing my house for a couple more years and there is no reason to try to cram yourself, a baby, and a nanny into that tiny bungalow. When I get out, if you still own your house, I can rent it from you or find something else in the area. Might need to crash in the den for a couple weeks until I can manage an apartment.”

“Sir, I’m not signing this.”

“Major, this is non-negotiable. I’m financially responsible for our child and I need someone to handle my finances while I’m incarcerated. As the mother of said child, it makes logical sense that you be that person.”

“Sir…”

“Carter.” He barked.

Sam unconsciously lurched to attention.

“Sign the damned forms, Major. There’s no reason for you to buy a new home when there’s already an empty one sitting there but if it bothers you that much, fine, I’ll sell the damned thing and you can buy something you like.” He snapped.

Sam’s face solidified into a blank frown. Realizing that Jack would not back down from this, she scribbled her name on both forms and handed the signed documents back to him stiffly.

“Thank you, Major. I have a lot of work to do so I’d appreciate if you left now.” He told her flatly.

“Yes sir.” She told him, her voice a frustrated snarl, one hand clenching the briefing folder.

Jack noted she remembered to take the list with her. Good, hopefully she’d go through all of it. There was a trust fund set up for the baby, another for the maintenance of the house so it wouldn’t cost Sam anything at all to be there. He’d talk to Walter about having the guys help her get moved, put his crap in storage if need be, that sort of thing.

* * *

Sam was furious. He’d just ordered her around then shut her out like she was some kind of idiot cadet. If she wasn’t almost seven months pregnant, she’d go beat up some gym equipment. She wanted to strangle General Bauer. Choke the ever living crap out of him as Jack would say. Right now, she also wanted to choke the crap out of Jack for acting this way. She pretty much could spit nails and she wasn’t entirely sure it wasn’t just her hormones in overdrive.

Sam paced the halls of the SGC, hoping to calm down when she found herself at the entrance of Daniel’s lab.

“Oh, hey Sam, how are you feeling?”

“Peachy.” Sam snarled entirely unironically, sounding like Jack.

“Okay… how about I make you some tea?”

Sam’s shoulders slumped. “Thanks Daniel.”

“Have a seat.” He said companionably and started heating a cup of water in his microwave.

Sam sat and pondered the fact that not even Jack had scored a microwave and coffeepot for his office. Then she frowned. Colonel O’Neill hardly knew where his office was.

“What’s wrong?” Daniel finally asked her after handing her a mug of tea.

“Colonel O’Neill just added me to the deed to his house and had me sign a DPA.” Sam said flatly.

“Well, that’s good.”

“Daniel, it’s bullshit. He didn’t do anything wrong and he’s acting like they’re going to throw the book at him.”

“Well, I’m sure Bauer is going to try to, Sam. It’s the only way he can get back at you after all.”

“Me?” She’d though he’d grudgingly admired her saving their collective asses.

“Sam, you humiliated him. He knows Hammond won’t let you be busted down a rank because you were a victim in this… so he’s going after the only other person he can really hurt you with.”

Sam glared at the mug in her hands. “He’s being an asshole.”

“Bauer has always been an asshole.”

“Not him… the Colonel.” She said with venom, staring into her tea as if trying resolve the secrets of the universe.

“Sam, when I met Jack… Charlie had recently died and Jack wanted to die too. He shut down emotionally. Pushed everyone who loved him away as hard as he could manage. He was the coldest son of a bitch I’d ever met.” He reminded her. It had been so long ago and Sam had never met that version of Jack.

Daniel sat across from Sam at his desk and tapped his pencil on the wood surface. “Jack doesn’t want you to get hurt but the only way to protect you from Bauer is to push you away. Make things seem like his only investment in this situation is his responsibility as a father.” Daniel looked at Sam pointedly. “Sam, you know Jack better than this. You know this isn’t who he really is.”

Sam sighed, knowing that Daniel was right. This was the Jack that was trying to protect her and their child. She knew he would never intentionally hurt her but his cold actions weren’t what she needed from him.

“Right now though, it might be better if the only people that know that are us. Whatever his reasons he needs to do this the way he is.”

“Daniel, I won’t let him go to prison for a crime he didn’t commit. He can’t goad me into accusing him of something he never did.”

“I’m not going to let him do that either. I’m not sure how long it will take but Londaris is going to get us proof that Jack never laid a finger on you until well after we’d been declared presumed deceased.”

“And if that doesn’t work?”

“Well, as the song goes… then we will all go down together.”


	3. Chapter 3

“Commander Rabb? What can I do for you?” George Hammond asked the young Navy officer. It was Hammond’s off day and Harm had found him in his backyard, practicing his putting.

“Sir, I’d like to have an off the record conversation if you have the time.” Harm told the man in front of him who was dressed in nondescript beige slacks and a polo shirt.

Hammond looked around thoughtfully. “Grandkids are at a birthday party for a classmate. What do you need from me, Commander?”

“Sir… frankly, I’m a little confused about this case. My SO told me the case is cut and dry but it clearly isn’t. You, Major Carter, Dr. Jackson and Mr. Teal’c have all expressed that Colonel O’Neill is innocent but he wants to plead no contest anyway.” Harm was frowning in frustration at this point.

“That’s something you need to ask Colonel O’Neill about, Commander.”

“That’s the thing, sir. He won’t talk to me. Sends me off on paperwork jobs to manage his estate and make sure his child is provided for but refuses to discuss the case. Why?”

George looks at him for a long moment. “Let’s go have some lemonade.” He tells Harm as he sets down his putter and walks back to the house. Harm follows the man who was probably about the same age as A.J. and wonders how they knew each other.

Hammond pours them both a drink before taking them to the office at the back of the house. After they both take a seat in the comfortable chairs overlooking the backyard, Hammond finally speaks. “The SGC is given a great deal of latitude because of the nature of our branch. In particular, SG-1 has been given a pass many times when other commands might have written them up. Be that as it may, there are reasons for that. SG-1 isn’t a normal military unit and they don’t operate under normal military conditions.”

Harm just sits and listens. He wonders if part of that latitude is looking the other way about personal relationships.

“I believe I need to bring you up to speed on an incident to help you understand the situations for both Colonel O’Neill and Major Carter.”

Harm placed his lemonade on the table, indicating that Hammond had his complete and undivided attention.

“Rather recently Senator Kinsey blackmailed me into retirement in an attempt to take control of the Stargate and the Program.”

“Sir…” Harm sits up in surprise.

Hammond held up a hand, warding off any questions. “He kidnapped my granddaughters and threatened worse if I didn’t step down. He then took that opportunity to install one of his own people as head of the SGC. Jack ‘retired’ so he could go to great lengths to restore me to my former position.” Hammond paused to let this information sink in and watched as Harm started to connect the dots. “During that time, Hank Bauer ran the SGC with an iron fist… butting heads with most of the command units. Things came to a head shortly after he assumed command.”

He looked Harm in the eye before continuing. “When he wanted to run a bomb test that would have wiped out an entire world and, potentially, ours, Major Carter was not very cooperative. The science was on her side and her primary motivation was the safety of the American people whose lives would have been lost. The bomb might have wiped out all of Colorado. It might have wiped out the western half of the country.” Hammond explained.

“Bauer acted like he respected Sam for sticking to her guns and saving everyone but time and being further manipulated by Kinsey – this is conjecture on my part – but I believe these incidents have led to him wishing for revenge for his perceived humiliated professionally by a mere Major.”

“I see.”

Hammond nodded. “As for the rest, well… Colonel O’Neill’s first priority is and has always been to protect his team regardless of any personal cost to himself. There have been several occasions he has willingly offered his life in exchange for theirs.” Hammond sipped his lemonade. “Without asking him, I know Jack is taking responsibility for this current situation to protect Major Carter from Bauer.”

“Because he loves her.”

“Commander, Colonel O’Neill loves all of them. He’d do the same for Dr. Jackson, Teal’c, most of the people on the other teams, myself, Sergeant Harriman, the SFs guarding the main entry… Jack gets emotionally attached to everyone he serves with. It makes him an excellent commanding officer, but it also bites him in the ass when one of them needs his protection.” Hammond admitted.

Harm let out a slow thoughtful sigh through his nose. “So, all of this is to protect his second in command.”

“It is. Jack has been grooming her for command for years. An incident like this could siderail her advancement by several years. He’s invested a lot of energy into her advancement and doesn’t want her held back now because of a situation he tried to avoid entirely and wasn’t given a viable alternative to. Jack was forced just the same as Sam was. He’d never allow her to be raped if he could ever prevent it.”

“Commendable of him. Why him though and not a member of the team that would be a non-issue?”

“For that, you will need to talk to his team. They were there. I recommend Major Carter though.”

“Least likely to lie?”

“Most likely to have observed the entire situation rather than its direct relation to themselves. Teal’c could tell you as well but you are unlikely to get much of an answer out of him.”

“Why’s that?”

Hammond chuckled a little. “Teal’c takes taciturn to new heights, Commander.”

“He seemed fairly chatty with me yesterday.” Harm mused.

Hammond nodded slowly. “He may consider this sufficiently important enough to do so. Once he’s said what he intends to, though you won’t get much more out of him.”

“I’ll keep that in mind. What about Dr. Jackson?”

“He’ll talk your ear off if you let him.” Hammond admitted. “But he’s your best man for explaining the situation they were all in. He’s an archeologist by trade but an anthropologist by nature.”

“I’m told you’ve been keeping them on base.” Harm said.

Hammond snorted. “I’m not about to give Bauer or his NID goons the opportunity to snatch any of them, especially not Major Carter. Even if she wasn’t seven months pregnant, I would not trust them with her safety.”

“That sounds like there’s some history.” Harm muses.

“Extensive, Commander but none of it to do with the business at hand. Now if you’ll excuse me, I need to go work on my putting a bit more.” Hammond told him and got up.

“I’ll see myself out, sir.” Harm told Hammond and followed him to the back door then around the front of the house.

Jack had once asked him to buy back his soul for him one day. George supposed today was the day.

* * *

“Major Carter, do you have some time?” Harm asked the tall blond woman who was absently rubbing at her tired back while sitting on a lab stool.

She blinked at him twice as though coming back to reality from wherever she was mentally.

“What do you need, Commander Rabb?”

“I was hoping to speak to you regarding Colonel O’Neill’s case.”

She nods, cuts her eyes to the side thoughtfully. “Not here.” She tells him and heads out of her lab with no indication that she expects anything other for him to follow her. Harm knows authority when he sees it and falls in line behind her.

She heads for the elevators and presses up. When one arrives, she motions him in and presses one of the buttons. A moment later, she presses another and the elevator stops. “You have about three minutes before Siler figures out something is wrong and another ten before he fixes it. Go.” She says.

“Ah, well,” Harm shake his head at her thought process. “Did Colonel O’Neill sexually assault you.”

“No.”

Realizing he needed to tread lightly, Harm almost asked if they had a sexual relationship prior to capture but kissing could be considered a sexual relationship. “Were you and Colonel O’Neill engaging in sex prior to the events that lead to your capture?”

She looked at him oddly as though she knew he’d asked that question in a very specific way intentionally.

“We were not.”

Harm nodded. “Was Colonel O’Neill forced to engage you sexually against his will?”

“He was.” Sam told him.

“Is General Bauer trying to ruin your career for personal reasons?”

“Yes, he is.”

“Do you have proof?”

“I have a witness.” She told him.

“Who?”

“Teal’c.”

“Ah.” He said. “Will you tell the truth on the stands even if Colonel O’Neill requests you don’t?”

“We all will, Commander Rabb.” She told him firmly, referring to her team.

“Even if it costs you your commission?”

“We didn’t have any choice if we wanted to get out of there alive.” She told him simply.

“Major Carter, are you all right?” Came Siler’s tinny voice over the small speaker in the elevator.

“Everything’s fine, Siler.” She reassured him.

“All right, well, I’m going to go hit the override, Ma’am.”

“Thank you, Siler.” She said and gave Harm a significant look.

“If you want specifics on why we chose the actions we did, I recommend you talk to Daniel next, Commander Rabb.”

“You didn’t have any other choice?”

“We really didn’t.” The elevator rumbled back to life. “Siler will ignore the emergency stop button was pressed.” She told him.

“Hammond told me O’Neill would do anything for his people, including sacrifice his life for them.”

Sam nodded. “He would.”

“Including sacrifice to protect his child.” Harm prompted.

Sam sighed, putting a hand on her stomach. “It’s not the baby. He’d have been this way regardless.”

“So I hear.” Harm said and ended the conversation.

* * *

“Dr. Jackson.” Harm said to Daniel and put out his hand.

“I was wondering when you would get to me.” Daniel said, shaking the other’s man hand.

“Well, I wanted to review your brief on your imprisonment first.” He gave Daniel a thoughtful look. “It’s very thorough.”

“That’s what Jack tells me right before he starts yawning.” Daniel told him. “What can I do for you ah… Commander?”

Harm nodded. “You can just call me Harm if that’s easier.”

“Sure. Call me Daniel.”

“All right, Daniel. What can you tell me that isn’t in that mission brief?”


	4. Chapter 4

“Commander, I told you already I’m pleading no contest.” Jack said in a low snarl that usually shut subordinates up, even Sam who hadn’t been afraid of him for years now.

“Colonel, I’m well aware of what you planned to do and I think I understand why you intended to do so but it won’t have the effect you are hoping for. If you plead out, there is nothing to stop General Bauer from going after Major Carter next. It might be better to drag out a hearing until we can find a way to neutralize the situation.”

“’We’, Commander?”

“Yes sir. We.” Harm told Jack, his expression firm.

“This isn’t the plot to ‘A Few Good Men’, Commander. You aren’t going to trick that egotistical prick into telling on himself.” Jack said in exasperation.

“I don’t need to, sir. I just need to cast doubt on his reasons for pursuing the case in the first place.”

Jack really looked at the guy for the first time. He was about Sam’s age or so. And he’d doggedly been trying to talk him out of pleading out. Jack breathed a thoughtful snort while he considered Harm’s logic. The kid might be right. If Bauer was preoccupied by Jack’s trial, he might leave Sam alone. At least until after their baby was born anyway.

“Does Carter know there’s a target on her back as well?”

Harm nodded. “Bauer told her ‘You’re next’ when she was leaving the ‘Gate’ room. Whatever that means exactly.” Harm told him.

Jack scowled. It had to have happened after he’d been so politely removed himself. Sam didn’t need that kind of added stress. “Commander, I don’t care if you win my case or not. I only care that you keep him and anyone else from NID away from her for as long as possible. The only thing Carter is guilty of is not wanting to be raped.”

“Dr. Jackson told me it took two of you to secure her safety the first time.” Harm told him.

Jack nodded. “If I had gotten my ass kicked, Teal’c was next.” He told him.

“So the only reason you are even in this situation is you decided as a team to do things in a logical manner.”

Jack just sighed. “We thought we could just fake it if anyone said anything until we formulated an escape but everything we came up with had a pretty low success rate or relied on variables we couldn’t track. It actually worked for a while.”

“Until you were given no further choice.”

“Until I was given no further choice.” Jack agreed and Harm noted his expression was one of despondence. He had not wanted to sexually assault his junior officer. He’d been given no other option that didn’t endanger her. “Carter reminded me that she knew it might come to that and I had consent. That it was better it was me than a bunch of random guys every night and not being allowed to tell them no.”

“You did it to protect her.”

“Well, of course I did it to protect her! I couldn’t let them just rape her!” Jack snarled.

“I’m pleading not guilty on your behalf, Colonel. I can’t bring my team in on the case because of the security clearance issues but I can bring in someone to dig into General Bauer’s actions and motivations. He’s not dumb enough to commit perjury or incriminate himself but he might not be smart enough to cover his tracks.”

Jack nodded. “Call this guy.” He said and handed Harm a folded piece of paper. “If anyone can ferret out a snake, it’s him. Include ‘Starsky and Hutch’ in the note.” Jack was thoughtful for a moment. “Tell him it’s for Carter. He’s willing to go pretty far to protect her.”

“Any particular reason why?”

Jack just shrugged. “He has a thing for women that can kick his ass.”

Ham just looked at Jack oddly. “He has the clearance to look into this?”

Jack nodded. “And it keeps your people out of the mix. You really don’t want them involved in this, Commander. If it blows up in your face, he can disappear into the wind. They can’t.”

Harm thought of how hard Sarah and Bud had worked for their positions on his team. The Colonel might have a point. “All right. I’ll track him down.”

* * *

“All rise.” The bailiff told them.

An interim judge advocate for the tribunal came in and waved them all down. “Next case.” He told the bailiff.

“Docket number five oh six dash one thirty four SM dash twelve. US versus Colonel Jonathon James O’Neill. The accused is charged with sexual misconduct, sexual harassment, violation of fraternization regulations, and conduct unbecoming of an officer.”

“Does the defendant wish to enter a plea?” The advocate asked Harm.

“Not guilty, sir.” He said firmly.

“Enter a plea of not guilty for the accused.” The judge told the court reporter. “We will reconvene this general court marital again at ten hundred hours three weeks from today.” The judge gave Jack a speculative look as everyone filed out. 

* * *

Outside in the hallway, Daniel, Teal’c and Sam waited for him. Because Jack was confined to base, the court was being held in a conference room on level seventeen. Option two was the judicial chambers at Peterson but George had pulled some strings to keep Jack on the base until his trial was over. He’d arranged for a team of guards to shadow Sam when she needed to leave the base as well. Daniel and Teal’c weren’t in any particular danger but she was if George guessed correctly.

“Today was just a formality everyone. We have three weeks to get our ducks in a row.” Harm told them. Sam should have been glowing with pregnancy but she only looked strained and tired. “How are you feeling, Major?” He asked her politely.

“I’m fine, Commander.” She replied, noting Jack was studiously avoiding looking directly at her.

“Well, I have crap to do, kids. Danny, will you escort me to my box so I can work myself to death while Uncle Sam figures out how to give it to me in the ass?”

“Yah, sure, Jack.” Daniel said distractedly. He wanted to be angry at the man for his attitude but Jack was trying to keep Sam from getting her hopes up too high given Bauer’s track record in the past.

Harm left them to their duties as he had his own. Somewhat unusual for this discovery was that the tribunal convened was a pair of Generals and a navy Admiral. Harm figured much of that had to do with the clearance issues regarding the case. The crux of the case was they had been trapped on an alien planet by a crime syndicate.

There wasn’t much he could do about it in any case. The lead judge seemed to be a Citadel professor but of engineering not law. Harm wasn’t sure how that would play out, frankly.

* * *

“All rise.” The bailiff intoned.

Everyone stood as the General presiding over the case entered and sat followed by another General and an Admiral.

“All those having business with this general court martial stand forward and you shall be heard.” The bailiff said as he stood in front of the courtroom to tell Jack, General Bauer and their counsels. “General Michael Kerrigan is presiding.”

Kerrigan was a dark haired man with a receding hairline and piercing blue eyes and for some reason it rang a bell for Jack but he couldn’t place where he knew the name from until he heard his voice. Ah. He was one of Sam’s former professors… that was… just great.

“Is the government prepared to make an opening statement?” Kerrigan asked.

Bauer’s representative was an attractive brunette Lieutenant Colonel that Jack wondered how she had gotten herself clearance for this as he knew just about everyone in the Air Force cleared to discuss the SGC having been second in command for years. He wondered what rock Bauer dragged her out from under.

“Yes sir.” She said in a clear firm voice as she walked toward the table acting as a judicial bench to make her statement. “The facts in the case are clear. Colonel O’Neill had a sexual relationship with his second in command who became pregnant. This violates the code of conduct he swore to uphold. The defendant has admitted Major Carter is pregnant with his child. Major Carter, Doctor Jackson, and Mr. Teal’c who were witnesses all agree that Major Carter’s commanding officer had sexual relations with her. None of them dispute the fact that Colonel O’Neill fought for the right to sexually assault Major Carter in the internment camp they were imprisoned in.”

She smiled slightly. “Now I know Commander Rabb is going to try to convince you there were mitigating circumstances. That they had no other viable choice. Yet… all we have is their word about this. We don’t have anyone who isn’t on their team to collaborate their testimonies. We only have the evidence which is… obvious.” She said giving Sam a significant look.

General Bauer sat in the prosecution side with a smug smile on his face. Jack just stared stonily ahead.

“Colonel O’Neill sexually harassed Major Carter. He chose to engage in a sexual relationship with a subordinate officer. Colonel O’Neill is guilty by his own admission. His conduct was unbecoming of an officer and _those_ are the facts of this case.” She said, sitting down.

“Commander Rabb, your opening argument.” General Kerrigan said.

Harm stood as he began his opening salvo. “Members of the tribunal, Colonel O’Neill doesn’t dispute his actions. In fact, I had a difficult time convincing him he isn’t guilty of misconduct. Yes, he had a sexual relationship with Major Carter with her expressed consent during their imprisonment on the planet… but what my colleague leaves out is Major Carter’s options were either sex with her commanding officer or repeated rape by strangers. Sex with a man whom she knows and trusts not to hurt her… or being violated night after night by anyone who chose to do so in any way they chose.”

Harm started pacing a little. “Colonel O’Neill didn’t want to sexually assault his second in command. Even after Major Carter gave him consent to avoid rape, he still did not want to abuse her trust in this way. Further pawning her off on a teammate was not an option given the strict rules of the facility about conduct. Anyone who intervened in a rape was killed by the guards. Any woman who resisted being raped by assaulting her rapist was killed by the guards. Had her team tried to protect her in any other way they would all be dead. All Colonel O’Neill was trying to do was protect his team to the best of his ability. He made a difficult choice with limited options. He put his team’s safety above his own. Colonel O’Neill’s ethics are such that he protected his team above all else… including at his own legal expense regardless of what it cost him personally.” Harm finally sat.

“Would the government like to call its first witness?”

“Yes, your honors. The government calls Sergeant Thaddeus Henderson.” Lieutenant Colonel Saunders said.

After the man was sworn in, she began questioning him. “Sergeant, you were on duty the day the team designated SG-1 returned to Alpha Base?”

“Yes Ma’am.”

“And how did they return?”

“The people that had them brought them back by ship, Ma’am.”

“It doesn’t sound like they were prisoners does it, more like guests.”

“Objection.” Harm said sharply.

“Sustained. Redirect your witness, Colonel.”

“What was the general mood of SG-1 when they returned?”

“They seemed happy to be home mostly.”

“Mostly?”

“Well, I overheard my CO asking Colonel O’Neill about Major Carter’s baby and Colonel O’Neill admitted the baby was his.”

“And what did your CO say about that Sergeant?”

“He told Colonel O’Neill he’d have to tell General Hammond about it.”

“Did Colonel O’Neill have any kind of reaction to that?”

“Ma’am? He seemed kind of sad, ma’am, then said he knew. Like he understood what with it being the rules.”

“Objection, the witness is speculating.” Harm said.

“Sustained. Colonel, your witnesses are to answer the questions not psycho-analyze the accused. Redirect your witness Colonel.”

She nodded curtly. “Yes sir. One last question. Who was it that brought them back?”

“I answered that already, Ma’am.”

“I mean specifically, who were they?”

“Aliens, Ma’am.”

“The prosecution rests.” She told the tribunal.

“Commander Rabb, your witness.”

“I have no questions for this witness, your honors.”

“Very well, Sergeant, you may step down.”

* * *

“She didn’t seem to have anyone very important.” Sam said from the Colonel’s bed in his guest quarters. Daniel was next to her digging through the Chinese food Teal’c had gone to get for them all.

“That is because we have all the witnesses of value.” Teal’c said as he smothered an egg roll in mustard.

“Dr. Jackson, how long did you say it would take to get your witnesses from the prison?”

“I didn’t. Londaris said he’d try but he had to sneak us off world so for all I know he was arrested. There’s just no way of knowing, Harm.” He said with a disconsolate shrug. Sam patted his arm affectionately.

Jack was sitting at the card table doing paperwork again. He’d eaten very little and spoken even less.

“I believe Administrator Londaris is extremely clever and shall avoid capture. If it is possible to secure the men in question, he will do so.” Teal’c told them.

“Realistically if they don’t show up most of the case should fall apart with the fact that you were all legally dead before anything untoward happened between yourself and Colonel O’Neill, Major.”

Sam nodded a couple times thoughtfully. “She’s going to argue that we aren’t reliable witnesses, isn’t she?”

“Yah, probably.”

“Then we’re just going to have to convince General Kerrigan that we have no reason to lie.” Daniel said vehemently. “Surely he wouldn’t think one of his own students who he’s mentored would do so.”

“Daniel… ixnay…” Jack growled from across the room.

“Pardon?” Harm asked. “One of you knows General Kerrigan personally?”

Sam sighed. “He was my mentor for my PhD thesis.” Sam admitted quietly. “I didn’t expect him to be here but honestly there aren’t many people with enough clearance to try this case so it makes sense.” She looked at Harm. “He won’t lay any more weight because it’s me. If anything, he’s gonna be pretty disappointed in me for this.” She stared into her noodles, lost in thought.

Across the room, Jack’s scowl deepened but he said nothing as he stared at his paperwork. I’m sorry Carter. I’m so sorry he thought.


	5. Chapter 5

“Doctor Jackson, you stated in your deposition that you were made to choose among the women presented.”

“I did.”

“And yet… you didn’t make a choice until Major Carter was chosen by another.”

“That’s right.”

“Why is that?”

“I had no intention of raping some unwilling woman just to fit in.” Daniel said with a snarl.

“I see.” The slender brunette attorney for the government said. “And yet you were willing to rape a friend.”

“I had no intention of raping Sam either. If it came down to it we would have had sex if we were forced to but I’d have avoided doing so as much as Jack did.”

“You said you volunteered to fight the man who claimed Major Carter first? Why?”

Daniel huffed out a breath. “We knew I probably couldn’t take the guy so I softened him up first so Jack and Teal’c would have an easier time beating him.”

“You expected Mr. Teal’c to eventually win.”

Daniel nodded thoughtfully. “Yah, I kind of did.” He agreed.

“I have no further questions for this witness.”

Harm stood. “Doctor Jackson, you were held in what amounts to a prison camp. Tell me about the conditions.”

Daniel thought for a moment. “Well, I mean it was nicer than some of the other prisons we’ve been put in.”

“You’ve been imprisoned a lot, Doctor?”

“It happens from time to time. The gate works as a universal translator but it has a range. Get further away and you are less likely to speak the same language. Not every culture speaks English out there and a miss spoken phrase sometimes offends people.”

“But the condition in this prison were reasonably clean? Safe?”

“We found out later it wasn’t technically supposed to entirely be a prison. It was clean, everyone had a two person room with a shower, running water and a door that didn’t lock. The walls were pretty thin. You could hear everything.”

Harm had set this up prior to questioning, knew how Daniel was going to answer. “So you would have heard Colonel O’Neill and Major Carter engaging in sex then?”

“Well yah, I was only a couple doors down and I know their voices really well so…”

Harm nodded. “When was the first time you heard them engaging in a sexual relationship in the prison?”

“It was about five months after we’d been captured. Sam told me after that someone had warned her that they knew she and Jack weren’t having sex.”

“I see. Five months?”

“Yah, but the thing was the next day I confronted Jack about it and he laughed and told me, yes, I _heard_ them having sex.”

“Explain for the court what he meant by that, Doctor.”

“Objection, calls for speculation.”

“Overruled.”

“Jack wanted people to hear them but he didn’t really have sex with Sam that night or any night after that until they were forced to a few months later.”

“How can you be certain?”

“Because a couple months later, the doctors gave them both a checkup to make sure they were physically healthy as Sam wasn’t pregnant yet.”

“Yet they didn’t catch on to them not having sex at that time? Why?”

“Objection! Speculation.”

“Sustained.”

Harm nodded. “Doctor Jackson, did either Major Carter or Colonel O’Neill talk to you about the medical exams?”

“Not until after no.” Daniel admitted.

“I have no more questions for this witness at this time.”

“You may step down, Doctor Jackson.”

* * *

The rest of the week was comprised of a handful of expert witnesses on the psychology of surviving an internment camp and other issues related to their confinement and the CMO from Alpha Base to confirm Sam’s pregnancy among other things. Harm pointedly asked him if Major Carter showed any signs of recent sexual activity and the CMO had admitted that there was no sign of current sexual encounters on her part.

The trial was going slow by civilian standards as there were days that the brass couldn’t sit due to other duties. The Tribunal only had a few hours each morning to commit to the trial so it dragged out which was to Jack’s advantage. During one of their brief breaks from the courtroom, Harm had heard back from Harry Maybourne.

“I told you he’d help.” Jack told him.

“Any word yet from your other source?”

“I’ll let you know when we do. Well, Carter or Danny will probably let you know.” Jack admitted.

“Bauer has been cooling his heels at the hotel I’m at. Apparently because he has no reason to be on base except for the trial, your General Hammond has disallowed him general access.”

“Good. That means he won’t pester Carter.”

“I’d like to move up her testimony to my first witness.”

Jack gave Harm a hard look.

“Sir, she needs to testify and, as far along as she is, I don’t want to have to drag the trial out even more if she goes into labor and then on maternity leave.”

“Wouldn’t that _help_?” Jack pointed out.

“Sure but wouldn’t you rather be home with your new baby than locked up in here?”

“They aren’t going to let me off, Harm. Kinsey has been gunning for me for nearly a decade. He has good reason. I’ve thwarted that rat bastard more times than he can count.”

“I might be able to get you off with time served, Jack. Especially if I can get the charges down to just conduct unbecoming.”

“I guess a discharge isn’t the worst outcome.” Jack admitted. “All right, put her on the stand.”

* * *

Sam, however, had received orders that night to appear as a witness for the prosecution. She headed for Jack’s quarters and knocked. “Sir? I really need to talk to you for a moment.” She called out to him.

Sam was only slightly surprised when Harm opened the door not Jack. “Commander Rabb.”

“Major. I was just about to come see you about testifying first.”

“Well, you got your wish. I was just served an order to appear.” She said and handed him the order that Walter had brought her because Bauer’s attorney hadn’t been given access to the main part of the base either.

Harm read it quickly. “Well, I guess it doesn’t matter either way.”

“Harm, I will not incriminate Colonel O’Neill regardless if it makes me culpable or not.”

Jack who had been in the shower and came out rubbing his hair wearing just a pair of boxers startled imperceptibly then wrapped his towel around his waist and had only overheard the last part of the conversation. “Carter? I absolutely forbid you to incriminate yourself.”

For a brief moment, she averted her eyes to look away from her CO’s state of undress out of habit. Gathering her thoughts, she raised her chin up, looked him straight in the eye, and told him flatly. “Sir, I will not lie. Not even for you.”

“Carter.” He growled, returning her gaze.

“Sir.” She said to him firmly. They glared at each other. Harm put an arm up and scratched the back of his neck uncomfortably during this silence. This seemed to be having a very personal argument in spite of the honorifics. He also noticed that the two of them did not need to have a conversation out loud. They had been together for so long as a unit that they didn’t need actual words to communicate. Maybe he could use this to their advantage. In the meantime, he did his best to fade into the background.

Jack’s hand came up and he pinched the bridge of his nose as he hunched his shoulders. “I suppose I should get used to you not following orders.” The corners of his mouth turned down. “You realize the full truth incriminates you as much as it does me. It gives Bauer cause to have you charged as well and I doubt very much he’s going to care that you just had a baby.”

“Sir, you are innocent of wrongdoing. I will not lie to protect myself. If General Bauer uses that to have me charged, I have it on good authority that I have access to an excellent judge advocate.” She said to him. She had shifted to attention which, Harm noted, couldn’t be at all comfortable at eight months pregnant.

“And if they charge you and it sticks, Carter?”

“Then Daniel will need to learn how to care for an infant until one of us is available for her care, sir.”

Jack scrubbed his hand through his hair in frustration. “H’Gah…. I’m an old man, Carter. I can’t take this kind of stress.”

Sam just snorted. Harm realized she was trying not to laugh. He was getting a clearer picture of their relationship prior to this situation and they seemed genuinely fond of each other.

“Commander, I will see you tomorrow morning in court.” She told Harm and left them to discuss their strategy tomorrow and left.

“What are you two going to do if the charges are dropped or you beat them?” Harm asked the older man when the door was closed.

“What?”

“Assuming the charges are bullshit which they are, the military is pretty fond of forcing people in your situation to get married.”

Jack sighed and shook his head. “I wouldn’t ask that of her. She deserves a life.”

“Have you asked her what she wants, sir?”

Jack purposely did not answer. But he knew, of course he had thought about it, he just never said it out loud.


	6. Chapter 6

“Permission to treat the witness as hostile, your honor?” Bauer’s attorney asked Kerrigan.

“Granted.”

“Major Carter… How far along are you?”

“About eight months.” Sam told her.

“You willingly had sex with Colonel O’Neill, did you not?”

“Yes.” Was all Sam said.

“Did you enjoy it?”

“Objection! Irrelevant.” Harm argued.

“Sustained. Lieutenant Colonel Saunders, this isn’t a Lifetime movie. Keep the theatrics out of my court.”

“My apologies, General.” She said. “You said in your deposition that you informed Colonel O’Neill prior to the forced sexual encounter with him that he had consent, did you not?”

“I did.”

“Why?”

“Why did I consent or why did I give him consent?”

“Let’s say both.”

“We already knew if I didn’t they were going to put me back in what they called the ‘pool’.”

“And what exactly is the pool?”

“A group of unclaimed women who are forced to submit to any man who wants them for the night. If he makes her leave his room, she’s fair game to any other man after that.”

“So it’s your assertion that had you not submitted to sex with your commanding officer, you would have been made to have sex with someone else less to your liking.”

“Rape isn’t sex.” Sam said in a flat voice.

“Couldn’t one of your other teammates made sure you were picked out every night? Surely having sex with them would be just the same as your CO?”

“There was no guarantee that one of them would have gotten to me first.” Sam said.

“But they could have.”

“In theory, yes.”

“So why did you give him consent?”

“I didn’t want to force my team to have to focus all their energy on protecting me every night.”

“But you’re a trained combat veteran with class four hand to hand training. Surely you could have fended off a rapist.”

“Anyone who committed a violent act other than rape was killed immediately. Unattached women were not allowed to refuse any sexual attention. There were no second chances.”

“So instead you compromised yourself and your commanding officer.”

“I suppose I did.” Sam told her.

“Tell me, Major… what are your thoughts on your commanding officers feelings for you?”

“Objection, irrelevant.”

“Redirect your witness, Lieutenant.”

“Does your commanding officer still care about you more than he’s supposed to?”

Sam winced internally. Bauer must have gotten access somehow to the mission notes from the Za’tarc incident. “Colonel O’Neill cares about all of us more than he’s supposed to.” Sam said flatly.

“So what you’re saying is the Colonel was already committing a fraternization reg violation long before the events that lead to this trial.”

“I suppose you could see it that way if you squinted hard.” Sam replied in a cold tone.

“No further questions.”

Harm stood.

“Do you need a moment, Major?” He asked her. Sam looked a little stressed and Jack looked like he wanted to vomit.

“I’m fine, Commander, thank you.”

“Major Carter, did Colonel O’Neill ever pressure or coerce you for sex?”

“No, Commander, he went out of his way to avoid sexual contact with me.”

“Even after ‘faking’ it to avoid detection?”

“Especially after.”

“Your relationship was platonic.”

“He’s my friend. He never would have asked such a thing of me.”

“In your deposition, you stated that when forced to initiate sexual contact with you by the medical staff, Colonel O’Neill became distraught and refused. What changed his mind?”

“I reminded him that if he didn’t that someone would likely rape me every night until I got pregnant.”

“Why until you got pregnant?”

“The point of the facility was black market babies. Once the women were pregnant, they no longer had to submit to sexual contact if they chose not to. The staff put the health of the babies above whatever sadistic glee they took in watching us be abused.”

“So why didn’t you just get pregnant right away and get it over with?”

Sam sighed and gave Jack an apologetic look. “Colonel O’Neill has already lost one child. I cannot begin to imagine how painful it would be for him to lose a second. We were trying to find a way to escape the facility. Me being pregnant would have added more permutations to the situation that was already difficult to navigate.”

“The facility was heavily guarded?”

“Yes, as were the work facilities we were taken to daily.”

“I see. You never found a way out?”

“Not one that wouldn’t result in potentially losing part of the team.”

“You weren’t willing to take calculated losses?”

“Colonel O’Neill does not believe in leaving his people behind or sacrificing them for any reason. We knew there had to be a way out that we all survived and he was not willing to risk losing part of the team as collateral damage.”

“Are you familiar with the regulations regarding the definition of fraternization? “

“I am, yes.”

“Why?”

“It’s my duty and responsibility to be familiar with all regulations, Commander Rabb.”

“Did your commanding officer break that regulation?”

“Objection. Calls for speculation.”

“Sustained.”

“Major, does Colonel O’Neill treat you with favoritism?”

“No, Commander. I was never treated any differently then the rest of my team.”

“And you’re aware one of the requirements for regulation subparagraph article 134 is favoritism.”

“I am.”

“Doctor Jackson said in his deposition that a man attempted to claim you initially.”

“That’s correct.”

“Did you have reason to believe that this man would be first in line to attempt to rape you once you were no longer under your CO’s protection from him?”

Sam nodded. “I did.”

“No further questions for this witness for now, your honor.”

Sam glanced at Jack as she stepped down from the witness stand but he was staring stonily ahead of him, giving nothing away. She supposed that was for the best.

* * *

The court adjourned for two weeks as one of the Tribunal had training exercises to oversee. When they got back, Harm was ready to have Teal’c then Colonel O’Neill testify then possibly call Sam and Daniel back to the stand but real life got in the way.

“Commander Harm, you seem to be short a few people today.” Kerrigan told Harm.

“Ah… yes sir, Major Carter went into active labor about oh-three hundred hours this morning. Their commanding officer gave all of them permission to wait out the birth and Colonel O’Neill in particular to skip trial today.”

“You have proof of this?”

“Yes your honor, I have a written note from General Hammond.”

When Kerrigan took the note, Bauer snarled. “I fail to see why Major Carter needs nearly a half dozen non-medical staff around her while she squirts out her career killing spawn. I especially fail to see why Colonel O’Neill needs attend the birth of his mistress’ whelp.”

“That’s enough, General Bauer. Your presence during the trial has been noted but you currently do not have standing.” Kerrigan admonished him. “Have Hammond inform me when Colonel O’Neill is once again available for court.”

“Yes sir.” Harm told him and was suddenly very glad the man thought highly enough of Major Carter to be understanding.

“Then this court is adjourned until further notice.” Kerrigan told them and banged the gavel.

* * *

“Congratulations, Major. You have a healthy baby girl.” The interim CMO said as Janet Grace let out a disconsolate squall.

“Good job, Carter.” Jack said softly and brushed her hair tenderly away from her forehead to gently kiss her temple.

“Sorry about your hand, sir.” Sam said of Jack’s now crushed fingers.

“Not your fault the epidural wore off.” He said from behind her where she was propped against him. He was honestly too worn out to move right now… and he had to admit it to himself that he’d missed holding her.

**Notes for the Chapter:**

> Because I work early tomorrow I'll throw you guys a solid and post today. That said poor Jack's hand based on my own epidural wearing off mid labor and crushing MKH's fingers to a pulp. Apparently I am quite strong.


	7. Chapter 7

“Sir, she really can’t stay in the infirmary.” The temporary CMO of the SGC told General Hammond in Janet’s former office.

“Well, where pray tell do you suggest I put her?” Hammond demanded of the slender middle aged man.

“Respectfully, Sir, if someone gets infected with a Goa’uld, who do you think they will go after first as a hostage?” The doctor said, glaring at his boss.

George Hammond scowled. “Point taken.” He looked around. The new guy hadn’t changed things around much. Almost like he knew this wasn’t permanent. “What do you suggest?”

“She still needs medical care. I understand your concern over Bauer. He tried to barge in yesterday. I had the SF’s block him from entering as he had no business clodding his way through my infirmary. It didn’t take much persuasion. Everyone on this base hates the guy.”

George snorted in amusement. “Not half as much as they love Major Carter. Somehow everyone found out he threatened her.” He said thoughtfully. Suspecting Teal’c, though he could never prove that.

The CMO whose name was Smith nodded. “There is an obvious solution, sir.” He answered and started to explain.

“That’s going to cause a hornet’s nest of trouble.”

“She’s in no condition right now to have any of that sort of fun, sir, and he has a right to spend some time with his child before he’s convicted and, if he’s not, he’ll resent being kept from her.”

Hammond nodded slowly. He then wondered whether the doctor meant Sam or the baby.

“I’ll have my staff checking on her every hour the first few days anyway. By the time she’s well enough that twenty four hour care isn’t a requirement, it won’t matter.”

“Why do you say that?”

“It’s been my experience with the military, sir, that once something is a particular way for more than a few days people stop questioning it.” He said it dead pan but his eyes twinkled in amusement.

George nodded and gave him an amused smile. “You might just be right about that. All right. You can move her to the guest quarters under those conditions and hopefully this won’t bite us in the ass too hard later.” He thought about it a bit. “Don’t say anything to either of them about the change until it’s too late for either of them to object without feeling foolish or ungrateful.”

“Duplicity is my middle name, sir.”

“I thought it was Robert.”

Dr. Smith laughed.

* * *

A pair of orderlies came into Sam’s isolation room shortly after she’d finished feeding the baby. Jack was propped in a corner dozing. As an SF was stationed outside her room, he’d been allowed to stay with them after the birth, mostly to help her to the bathroom and hold the baby when she needed rest.

Unknown to either Jack or Sam, their coworkers had bought the baby clothes, diapers, and other baby paraphernalia which was neatly organized in one corner of the guest suite. As they didn’t expect any other babies, they would be wheeling the medical bassinette into the guest suite next to the bed for Sam.

Sam looked up at the orderlies in drowsy confusion. “What’s going on?”

Dr. Smith came in. “We are moving you to one of the guest suites. It will be quieter for you and the baby. A nurse will come in and check on you every hour. There’s less likely to be a safety issue if something untoward happens if you aren’t here to be a safety risk.”

Sam looked startled.

“Makes sense, Carter.” Jack mumbled from his chair, still half asleep. “All it takes is one wigged out snake and boom our kid is a baby megalomaniac.”

Sam looked a little taken aback.

“Let’s go get you settled in, ma’am. We have a wheelchair ready for you. Sir, could you take the baby please and follow us.” One of the orderlies said as the other helped a still somewhat bewildered Sam into the wheelchair.

“I don’t see why I can’t just go home.” Sam insisted to the orderlies in the elevator. Jack said nothing, just stood cuddling their daughter behind Sam.

“Sorry, Ma’am, we’re just following orders.” She was told in a disinterested tone. Jack’s ever present guards remained silent.

Clearly no one had told the help anything, Sam huffed. She wanted to go home, to sleep in her own bed... okay... Jack’s bed technically. She wasn’t planning on staying there once he was free so she hadn’t bothered to bring much of her stuff over to his house. But she wanted to flop down on that big bed and wallow in self pity all by herself for at least a little bit. Realistically even if he beat the charges, they still couldn’t be together. But they could co-parent which would give them an excuse to spend more time together. For all intents, even that was going to be hard on them emotionally. It didn’t stop her from wanting to sleep, hugging his pillow, or beating herself up about wanting to do so.

“Penny for your thoughts, Carter?” Jack asked her softly from over her shoulder.

Sam just shook her head. ‘Not with the orderlies right here.’

Jack nodded in understanding. It was a lot to soak in. And he didn’t want to say anything but she’d been a bit emotionally leaky the last few days. Daniel said it was hormonal but Jack had his doubts. Sam was very careful not to fall apart in public but he’d be a liar if he said she’d never sobbed in his arms with or to the point of exhaustion or heart break over the years.

When they wheeled Sam out on the same floor as Jack, he chuckled and joked they could chat in Morse code if they got adjoining rooms but the orderlies stopped at Jack’s door. When the SF’s opened the door for them, Jack’s jaw worked up and down a few times then clenched... trying to decide if he should say something or not.

Sam saved him the effort. “Uh… guys… I think you have the wrong room. This one is occupied.”

“Oh good. Sir, they’re here.” Daniel said to General Hammond who was artfully arranging a shelf of books and baby toys near the TV. “Come on in.”

“Major, Colonel.” He said seemingly absently.

Both Sam and Jack knew this was an act and looked at their commanding officer with mild alarm.

“Under the current circumstances, it’s best Major Carter has twenty four hour help caring for her newborn… and I can’t imagine anyone better suited for the job then the baby’s father, considering he doesn’t have much else to do otherwise.”

George wasn’t wrong, Jack mentally groused. He’d gotten very caught up on the flagging base paperwork that had piled up under his temporary replacement who had left it in an even worse state than it ever was under him before their disappearance. “Uh... sir…”

George waved him off though. “Sam is in no condition to take care of herself right now, Jack, and I don’t have extra manpower to reassign to her care. This solves the problem rather neatly, wouldn’t you say, son?”

Jack’s jaw worked a few times, trying to figure out what to say.

“He does have a point, Jack. Sam looks exhausted and you’re starting to get bored. Now you can help each other out.” Daniel said cheerfully.

“It is an excellent solution, O’Neill.” Teal’c chimed in from where he was carefully folding tiny clothing.

Without waiting for an answer, Hammond started shepherding the rest of SG-1 out of the room. “We’ll leave you three to get settled. A nurse will be in to check on you in about an hour, Sam. Try to get some rest.” He said to Sam kindly and patted her shoulder gently as he walked by.

“Er… yes sir.” Sam told him mystified.

George gave Jack a conspiratorial wink as he closed the door behind him.

Sam and Jack didn’t move or speak for several long moments. Finally Sam regained her voice. “What the hell was that?”

Jack shook his head. “The most optimistic offensive maneuver I’ve ever seen in my life.” He said in awe. He swallowed and looked down at Sam. “Nugget seems to be asleep. Why don’t I put her in her bassinette and help you get comfortable on the bed?”

“But—”

“Ah! No buts, Carter. You gave birth. I didn’t. You get the semi comfortable government issue bed. I get the couch.”

Sam’s mouth snapped shut in a perturbed frown.

“If I nag the guards enough, they usually bring me new DVDs.” He wheedled.

Sam chuckled and shook her head. “I can get to the bed by myself. I’m sore not crippled.”

“Can’t say the same for my hand.”

“I said I was sorry.” Sam said with a pout.

“I won’t be able to play my guitar for weeks.” He said and put his hand out to give her something steady to pull herself up on.

Sam had long ago gotten over believing accepting help was a weakness in Jack’s eyes and gratefully took his hand to stand.

“There we go. Are you hungry? I’ll tell the guys to bring you some food. Is there anything you want in particular? I can probably talk Teal’c into getting us some takeout.” He said hopefully as he followed her to the bed, not certain she was as steady as she was pretending to be.

Sam stopped and mentally counted to ten. He’s just trying to help, she reminded herself. When she reached to arrange the pillows, he handed her the baby and nudged her aside to arrange them for her so she could sit up and see the TV.

“I’ll have Danny get your laptop. You must be bored out of your mind by now.” Jack chattered as he took the baby back and gently laid her in the rolling cot and scooted it over next to the bed.

Sam looked at him oddly. Was he… he was. Jack O’Neill was as nervous as a groom. It was… well, really it was utterly adorable and if it wasn’t for the cameras watching their every move she’d have kissed him.

“So on the up-side, we can say anything we like because there’s that whole attorney client privilege thing here and you know Walter so he just sort of accidently on purpose forgot to turn the mics back on after Harm left.” Jack said this with a small grin.

“Did you bribe him?” Sam asked him with an amused smile that she hid by nuzzling their daughter’s soft downy head against her shoulder.

“Didn’t have to. He came to hang out and slipped me a note.”

Sam chuckled. “He’s going to be very glad about that as I’m still snoring like a warthog.”

“I thought Danny was bad.” Jack admitted. “You do know that might not go away, right?”

Sam gave him a horrified look.

He waited for her to be settled on the bed before sitting on the far corner. “Ah…. Carter… I should probably talk to you about this as it will affect you. Harm reminded me of a rather unlikely truth but it needs to be said… especially as Hammond seems to think that’s the way things will go.” But he stalled out and started picking absently at the blanket.

After a long moment of him saying nothing, Sam prompted him. “Sir?”

“Oh... oh right… so anyway… well… Harm seems to think if I do beat the charges, it’s pretty likely the conduct unbecoming one will have conditions for dismissal.” His mouth had squared as though he was bracing himself for something.

“That we stay away from each other… I figured that one sir.” She said softly.

“Uh… actually no. Usually in cases like ours they will probably force me to retire even if I beat the charges, but the CU charge tends to have the… um… get married condition.” He mumbled the last part and Sam blinked at him for a moment before she understood what he was trying to say.

“Um, anyway I figured you should know. It’s not how I wanted to do things and it’s totally up to you. I mean they can’t actually force you as you aren’t the one on trial here.”

“Jack.”

“Yah?” he huffed.

Sam tilted her head. “Do you want to marry me?”

Jack swallowed. “Do you want me to say what I think you want to hear or just tell you the truth?”

“The truth, Jack.” She said softly.

Jack swallowed and bobbed his head a couple times the same way he had after the zar’tak test when she’d asked him to leave it in the room. “Yah, Sam… That’s always been the down range plan.” He admitted.

For a brief moment, she sat there quietly as she listened to his answer. Then suddenly, she smiled at him. Not just any smile, but the Sam Carter mega-watt smile. It was his smile… and it lit up the room.

“You’re sure?” he finally squeaked out.

“It was always the down range plan.” She repeated back at him.

“Sweet.” He said and grinned like a loon.

* * *

“You told him you turned off the microphones?” Hammond asked Sergeant Harriman.

“I did, sir.” Walter told George smugly.

“Good job, Sergeant. Make sure you lose that audio if they subpoena the footage. Carry on.” He said and patted Walter’s shoulder before going to his office. Had Jack thought he was being listened to, he never would have talked to Sam at all about this until after the trial at which point it would have been sprung on her like an uninvited guest. He knew his goddaughter would have balked at the proposal before agreeing to a marriage if it was only a condition for the court martial to be dismissed, then agreed rather then let Jack’s record be tarnished. Then they would try to figure out how to get an annulment as soon as it wouldn’t harm Jack’s record or Sam’s reputation to have done so. Their mutual self-sacrificing tendencies were getting in the way of their happiness and, after all they had been through, they deserved more.

George trusted Walter’s discretion implicitly. The man could be cagier than a spook and wily as manipulative mother-in-law. George grinned. If the man had gone to officer’s school, he’d be higher rank then he was himself George wagered. It was a damn shame the man didn’t want that level of responsibility. He was born for it.

Now he had some phone calls to make. He knew Jack would beat these charges and they would force him into marrying Sam to correct the problem as the government saw it but George had no intention of letting Jack fade into early retirement so easily. Not after the Joint Chiefs had told him what they wanted from him in the near future. He’d put it off because the man he’d been grooming to replace him had been PKIA and George knew if anyone could beat those odds it was Jack O’Neill and his team. And he’d been dead to rights. George was whistling when he dialed the president.


	8. Chapter 8

Harm managed to squeak out two solid weeks for Sam to recuperate before the judges were called back in to resume the trial. He’d requested Teal’c as his first witness. He was really hoping Daniel’s alien buddy would finally show up with his evidence. Jack still had to take the stand of course and their strategy for redirect was to recall Sam and Daniel both in hopes of subverting their past testimony for Jack’s defense.

To say Harm was being cautiously optimistic was putting things mildly. He couldn’t talk to his team about the case so he wasn’t bothering them by checking in other than to tell them things were going as well as could be expected. He also hoped he’d hear back from Jack’s extremely shady friend. Said friend Jack had warned him, would most likely show up someplace odd to give him whatever information he had. Whatever this guy’s link was, he was in the wind as fast as Harm could turn his back last time after cautioning Harm not to try to contact him… that he’d get back to him when he had something.

Harm knew better then to even ask at this point.

The morning of the resumed trial the Bailiff announced General Kerrigan was presiding.

“All present and accounted for, Commander Rabb?” Michael Kerrigan asked Harm.

“Yes sir.” Harm said with a nod.

“Good. Congratulations, Colonel. I heard it’s a girl.” He said pleasantly to Jack. Bauer just glowered.

“Thank you, sir. She and her mom are doing well.”

“Good. Good. All right,” he looked down at his notes, “Docket number five oh six dash one thirty four SM dash twelve. US versus Colonel Jonathon James O’Neill resume session. You may call your first witness, Commander Rabb.”

“Yes sir, I would like to call Mr. Teal’c to the witness stand, please.”

General Kerrigan made a small sweeping hand gesture to Teal’c to join them in front.

Teal’c got up from his position behind Jack and walked to the designated place, then stood towering over the bailiff.

The man facing Teal’c cleared his throat nervously. “Do you swear that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?”

“I will not swear on false gods.” Teal’c told him in his deep rumbling voice.

The bailiff blinked at Teal’c, a bit disconcerted. Behind them, Jack suppressed an amused smile. “Then, do you swear that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, according to your religious beliefs?” He said in a way that suggested Teal’c had made him extremely nervous but he was trying desperately not to show it.

“I have no religion to have beliefs in.”

“Er… Then do you affirm that the evidence... If so, indicate your affirmation,” he said, almost hopefully.

“We do not swear or affirm truth in my culture.” Teal’c raised his eyebrow at this man.

Jack had to bite the inside of his cheek to keep a straight face. Even Bauer’s representative seemed a bit amused and a small twitter of humor escaped her lips before she pressed them firmly together. Bauer looked like he wanted to spit nails but that was his normal face.

Kerrigan, who looked like he wasn’t certain if he should grant the poor bailiff mercy or just see how this played out, leaned over. “Mr. Teal’c, in your culture, how do you assert you will tell the truth in a trial?”

“We do not have trials such as this.”

“How then do you ascertain guilt?”

“Combat.” Teal’c leans forward with a glint in his eye and makes contact with General Bauer.

Michael Kerrigan ran his hand over his mouth and rubbed hard a couple of times, trying desperately to keep a straight face. “Son, do you promise to tell the truth, the whole truth and nothing but the truth?”

“I will.”

“Good enough. Let the record show the witness is sworn in.” Kerrigan said. “Proceed, Commander.”

“Thank you, sir.” Harm approached the bench and faced Teal’c, the only indication that he was holding in laughter was a slight twitch in his eye. “Mr. Teal’c, you are a part of the military team called SG-1, correct?”

“I am.”

“Your deposition states your team was captured during an operation while looking for a Goa’uld who was hiding on that planet?”

“It does.”

“Could you describe the method your team was captured by.”

Teal’c pondered replying with simply, ‘I can’ but knew that response would not help O’Neill. After the briefest pause, Teal’c spoke in his deep voice. “We were attempting to apprehend a minor Goa’uld named Met’ni who had insulated himself in a cult on the planet known by its people as Orbistus. O’Neill had secured us native clothing so that we might fit in with the common people of the planet. We were unaware the police action clearing us out of an area we were investigating was in fact a trap to capture the homeless until we were ensnared.”

“Couldn’t you have just overpowered them and escaped?”

“We could not. It would have given away our intent to the enemy. Our plan was to escape once the guards had lost interest in us as guards often do of homeless people.”

“So you waited in the hopes of later escape.”

“Indeed.”

“What happened after that, Mr. Tealc?”

“We were stripped of our clothing and belongings, given disposable clothing and put upon a ship and where we were then taken off planet to another facility.”

“Why didn’t you resist?”

“It was our initial hope that our quarry was also with us.”

“But he wasn’t.”

“He was not.”

“And by that point you were trapped.”

“Indeed.”

“Dr. Jackson’s testimony was that a man none of you knew tried to lay claim to Major Carter.”

“Daniel Jackson is accurate.”

“What would have happened had Colonel O’Neill not succeeded in getting her away from this unknown man?”

“I would have challenged the man to combat myself.”

“What if you had failed?”

“That would not have happened.”

“Why not?”

“Daniel Jackson and O’Neill are both formidable warriors. The man who attempted to claim Major Carter would not have been able to withstand all three of us.”

“And had you been forced to you also would have had sex with Major Carter?”

“We would do what was necessary to protect each other and remain alive.”

“Thank you, Mr. Teal’c. I have no further questions.”

“Lieutenant Colonel Saunders, your witness.” Kerrigan told her. The attractive prosecution advocate stood.

“What has been the SGC procedure when a man is missing in action in your past experience?” she asked Teal’c.

“He is declared missing within a month.”

“And when no trace of him is found, how long is he searched for?”

“Actively for another three months.”

“And after that?”

“It is presumed he is dead though some might volunteer to continue the search when it is an option.”

“So even though officially a man is declared dead it isn’t assumed he is?”

“That depends greatly upon the man in question.”

“What about the men and woman on your team, Mr. Teal’c?”

“SG-1 is known for surviving unlikely odds.”

“So Colonel O’Neill would have known in spite of his likely legal status that General Hammond believed he was still alive?”

“Objection! Calls for speculation.”

“Sustained. Council, redirect your witness.”

“My apologies. Mr. Teal’c, did General Hammond inform your team on their return that he knew you would survive?”

“He did.”

“I have no further questions for this witness.”

* * *

Jack savagely tossed his cover across the room and flopped face first on the couch. “Well, _that_ sucked.” He grumbled into the seat well worn by his own ass.

“It wasn’t that bad.” Harm told him following and discreetly averting his eyes from Sam who was sitting on the bed nursing the baby.

“Wasn’t that _bad_ … She knew exactly what button to push Harm… Damned Bauer knows I know Hammond wouldn’t give up on us and that puts your defense right back at square one.”

“What happened?” Sam finally asked, adjusting her shirt to cover herself.

“That slimy insufferable smug overblown piece of turd General and his counsel knew exactly what to ask Teal’c about how the SGC handles MIA.”

“Oh.” Sam said, her heart sinking in her chest.

“Yah so now the tribunal knows I’d know even declared KIA that there would still be people looking for us.”

“Making us still in violation.” Sam said softly.

Jack pointed at her and made a shooting motion. “Bingo.”

“It doesn’t matter.” Harm told them.

“What do you mean?” Sam asked.

“Sure it does.” Jack told him.

Harm shook his head. “It doesn’t matter if your CO still thinks you are alive or that people would still be looking for you. If the government declares you dead, you’re dead in the eyes of the law. Get some rest, Jack. You’re testifying tomorrow. I need to go talk to General Hammond. Goodnight Sam.” He said to her on his way out.

After Harm left, Jack was still prone on the couch. Sam looked at him for a few minutes before taking her next action.

“If you want to hold Gracie for a little bit, I can go grab us some food.” Sam told Jack. They had decided calling her Janet was making them both choke up too much. So much had gone on since then. She hadn’t even told her brother she was still alive yet. She didn’t want him telling Pete. He’d probably long since moved on anyway. It had been almost two years. Jack called her Nugget off and on from the moment he’d first held her in his arms but Sam suspected that was to avoid saying Janet.

Jack got up and shrugged off his dress jacket. Sam pretended not to notice the ripple of muscles under his shirt as he did so. Jack gently took his daughter and looked down into her soft dark blue eyes. “What color do you think they will be Carter? Blue or brown?”

“They seem a bit light but they might darken up, sir.” Sam said thoughtfully.

Jack sighed internally at her use of the honorific. He supposed it was habit. He was in his class As after all and she was in her pajamas. He cleared his throat. “You… ah… might want to change first, Carter.” He said, his voice thick as he turned his body slightly away from her so he could hide his reaction to her state of undress.

“Huh? Oh! I forgot.” Sam blushed. “I’ll just um… yah…” She said, pointing at the bathroom and fled, grabbing a t-shirt and a pair of BDU bottoms on her way by.

Once the door was closed, Jack chuckled a little, willing his body to calm. In a conspiratorial soft voice that wouldn’t carry, he said to his daughter, “Your mommy is so adorable and I love her almost as much as I love you. Don’t you forget that.” He told the baby with a little grin. “I hope you get your mommy’s pretty blue eyes and her cute little nose.” He said and bounced her gently.

Janet Grace cooed at him then burped. Jack chuckled. He couldn’t imagine anyone he’d want to have a baby with more than Sam.

**Notes for the Chapter:**

> Special thanks to GWhite for her contribution to this chapter which made it enormously amusing to write.


	9. Chapter 9

“General Hammond… What is your division policy regarding missing in action?”

“Mine or the President’s, Commander Rabb?”

“There’s a difference?”

“Of course. I trust my people to make it home. They don’t always but they often surprise our government more than not.”

“How do you mean?”

“I am under direct orders to submit presumed killed in action paperwork no more than four months after one of my people goes missing.”

“Why is that, sir?”

“Son, if it were up to me, I’d never stop looking for my missing people. The President knows this.”

“So your official orders are four months.”

“That’s correct.”

“And all your people are aware they will be marked presumed killed at that point?”

“All of them, Commander.”

“Are your people given more latitude in personal relationships, sir?”

“Well, that depends on your meaning, Commander.”

“In regards to fraternization.”

“The Stargate Program is made of a combination of scientific and elite forces units. In order for such teams to run smoothly, they must have absolute trust in each other. As such close friendships regardless of rank are encouraged.”

“Friendships?”

“Yes, Commander. Friendships. A unit like SG-1 wouldn’t be effective otherwise. Colonel O’Neill heads up the team but Mr. Teal’c is of a much higher rank in his society than even me. Dr. Jackson is a civilian consultant. The effectiveness of Colonel O’Neill’s team depends upon him being their friend first and foremost.”

“Including Major Carter?”

“Especially anyone serving under him within the US Military, Commander.”

“Why?”

“Because otherwise that would qualify as special treatment just as much as singling out the only other US Air Force member would.”

“Thank you for your time, General. I know requesting your testimony involved you rearranging your schedule for us.”

Hammond nodded.

“Lt. Colonel? Your witness.”

“I have no questions for this witness, your honor.”

“Thank you for your time, George.” Kerrigan said to Hammond, who responded with a brief nod.

“Excuse me, gentlemen, I have a base to run.” George said while giving Henry a hard look on his way by.

* * *

Harm wasn’t certain why this was a thing but all of SG-1 had collected in Jack’s room the night before his testimony. Teal’c was holding the baby. When Jack offered to take her, Teal’c had simply glared and presented Jack with a shoulder, making Sam giggle then all but suck her face inward entirely when Jack gave her a dirty look for laughing at him.

“Let him hold the baby, Jack.” Daniel said from the couch while he shoveled Chinese food in his mouth. “He brought dinner.”

Jack sighed. “Fine.” But the small smile on his face reassured everyone in the room that Jack was OK again.

“So why is it always Chinese?” Harm finally asked them. “Not that I’m complaining, mind you.”

“Tradition.” Sam said, around a mouthful of noodles.

“That stuff Hammond said about the team… every special ops team has certain traditions.” Jack told Harm as he dug through the pork, looking for mushrooms.

“Okay... I get that but… why Chinese?”

“It’s Daniel’s fault for dying the first time.” Jack said with a shrug before popping a mushroom in his mouth, smiling with satisfied bliss.

“The first time?” Harm blinked in confusion.

“Daniel’s died lots of times.” Jack said.

“Sam has a couple too.” Daniel reminded him.

No one mentioned the incident with Ba’al. Jack still had nightmares about it.

“Died... as in dead died?”

“Well, not that time specifically but we all thought he was dead.” Jack supplied.

“We as a team were supplied an illusion that Daniel Jackson had indeed died in a fire. It was extremely convincing.” Teal’c told him.

“A very old Unas wanted to know what had happened to his spouse. She’d died long ago but he wanted to know specifically how.” Daniel shrugged. “After I was rescued, Jack had our first team bonding night and burned dinner so Teal’c ordered Chinese takeout for everyone.”

“So now, whenever everything goes to shit, we have Chinese to remind ourselves it really could be worse.” Jack said.

As traditions went, Harm supposed this was a fairly comforting one. “Pass the mustard.” He said as he snagged an eggroll out of the greasy bag.

* * *

“Carter…”

“Hmmm?” Sam lay on her side on the bed. She must have dozed off because she was lying with Gracie snuggled against her bare breast and Jack was leaning over her shoulder, reaching for her.

“Get under the covers, Sam. It’s late.”

“What time is it?”

Harm and the guys had left long ago and now it was just the three of them. Jack shrugged as he lifted their infant daughter from the bed gently. His lips accidently on purpose brushed her bare shoulder.

It reminded Sam of the time Jack had licked her neck when she’d assaulted him because of that weird virus and she snorted softly in amusement.

Jack chuckled. “It’s late is what it is. I’ll put Gracie in her bed. Go back to sleep, sweetheart.”

“Hmm-k.” she mumbled and went right back out.

Sam had gone over to the bed as everyone finished dinner earlier and dozed off. When Daniel had given Jack a concerned look, Jack had just shrugged and told him she was still tiring out really easily as her iron wasn’t quite back where it should be which wasn’t helped by the vampires downstairs coming to draw her blood ever few hours nor was helping her at all to get her needed rest.

When Gracie had fussed for an evening meal after everyone left, Jack had helped Sam position the baby so she could lie down to nurse but Sam had promptly passed back out in exhaustion as Jack watched their daughter suckle hungrily at her mother’s breast. Lucky kid. He’d thought.

After he tucked in Gracie, Jack pulled the comforter over onto Sam as it was pretty obvious she lacked the energy to slide herself under the covers. He doubted it would look good on camera if he picked up Sam while her breast was nonchalantly hanging out. He wished she didn’t still look so tired.

Birth had really taken a lot out of her. George had been right to make sure she had twenty four hour care. If they had another kid together, he was going to make sure she got proper care the entire time. Even if he didn’t beat the charges, he knew Sam would wait for him after their conversation the other day.

She’d never told him what prompted her to date the cop but she’d made no effort to contact the guy after they got home either. He figured that might be an issue at some point later but for right now… for a change, Jack was confident about her feelings for him. He reflected with some amusement about Briar Rabbits. He’d never ever ask her to give up her career. And now he most likely wouldn’t have to.

Lying back on the couch, Jack thought about how his relationship with Sam had grown since the birth of their daughter. As much as they agreed it had always been the down range plan, he’d never really let himself hope too hard that she’d still love him when they had the opportunity to act on their ongoing feelings. It almost felt as if they were back to the same place before this all started. Before things had gotten awkward between them then stalled out entirely after she’d gone missing for several days.


	10. Chapter 10

“Colonel O’Neill, prior to General Hammond’s testimony were you aware of SGC policy to mark all MIAs as presumed killed in action at the four month mark even if there was no evidence to support that argument?”

“I did.”

“Why is that, Colonel?”

“Prior to my capture, I was second in command to General Hammond. It was my responsibility to know all base policies and procedures.” Jack said, sitting poker straight on the witness stand.

“Did the rest of your team also know of this policy?”

“It’s part of our orientation training now but, yes, each of my team members know what to expect if they are missing for too long in the field.”

“Why is that information part of your orientation training?”

“Manpower concerns mostly. We can’t just pull in people from other divisions like most operations. If our offworld allies can’t help track down missing personnel, we can’t just keep throwing resources at finding someone. We keep our ears open if there’s any word but that’s about all we can do at that point.”

“According to Major Carter’s deposition, when confronted with the only option of sexually assaulting your second or letting someone else do so in your stead, she stated that you became despondent.”

“I suppose I did.” Jack agreed.

“Why?”

“She’s my friend, my colleague. It’s my responsibility to have her back. To keep her and the rest of my team safe.”

“And having sex with her wasn’t keeping her safe?”

“No!”

“Why not?”

“I didn’t care that she gave me her consent. She only did so because she didn’t want to be raped by a bunch of guys she didn’t know.” Jack said, his voice having gone up an octave with frustration.

“So if that hadn’t been the only option available to you, you wouldn’t have picked it?”

“Of course not!”

“How long was it before it was discovered the two of you were not engaging in sex in spite of being instructed to do so?”

Jack shook his head. “Things tended to run together in that place. There was no way to keep track of time really but it was at least six months.”

“So, well past the time when your team would have been officially declared killed in action?”

“Yah. I… I tried to protect her from that, tried to get us out. I failed.”

“I have no further questions.”

“Lt. Colonel, your witness.” Kerrigan told her.

“Colonel O’Neill, you admit you had trouble keeping track of time while imprisoned.”

“Yah.”

“So it’s possible you engaged in a sexual relationship much sooner than you think with Major Carter.”

“It’s possible but it’s not likely.”

“But you had trouble keeping track.”

“Sam never did. Teal’c didn’t either.”

“By Sam, you mean Major Carter.”

“Yes.” Jack looked miserable having realized his slip.

“So your friendship with Major Carter is friendly? Personal?”

“It would kind of have to be, don’t you think?” Jack all but snarled.

“Why should it, Colonel, if she’s your subordinate?”

“She’s also the mother of my child. Last time I checked, people with a kid together should try to get along.”

There was shuffling behind the door at the end of the room and a familiar hand reached in to hand the bailiff something. It was a sheet of paper that he took to Harm. Everyone looked at Harm while he read.

“Your honors, I request a recess.”

“On what grounds?”

“On the grounds that we have a couple of much needed witnesses now available.”

“Way to go, Londaris.” Jack said under his breath, his voice full of admiration.

“This court is adjourned for one hour.” Kerrigan said, as he tapped the gavel down.

“I object!” Bauer all but shouted.

“Don’t worry, Henry. Your counsel can cross examine the witnesses, too.” Kerrigan said and tapped the gavel two more times to make a point.

Harm approached the witness stand. “Come on.” He told Jack.

“Commander Rabb, Colonel O’Neill can return to his quarters. You may bring your witnesses up to speed on your own. The SGC is full of many fine SFs who can give you a hand if needed.”

“Yes sir.” Harm told Kerrigan and gave Jack an apologetic look. Jack looked at Daniel and tilted his head slightly. Daniel stood up and waited for Harm and together they left the courtroom.

Jack just shrugged. He hadn’t really expected to be included in the meet and greet anyway and Lt. Colonel piranha wasn’t done with him anyway.

* * *

“Sir, thank you for bringing them.” Harm said to Administrator Londaris, regarding his former Medical Officer and former chief warden of the rehabilitation facility they had turned into a breeding program.

“I will remain until they have testified to your satisfaction. They have much to answer for.” He said, staring at the two men thought the bars of the brig.

“You didn’t have any trouble getting them here?”

“Well, some, but not so much that it wasn’t an attainable goal.” He said with a smirk. “I had to grease a couple pockets and assure them I was bringing them back to face prosecution at home.” He grinned like a pirate. “And not just taking them off into deep space so I could dissect them personally then dump them out an airlock.”

“Sounds expensive.” Harm said, thinking of how much a NASA shuttle cost to run.

“Very tidy though, don’t you think?”

Harm gave the man a thoughtful look but didn’t say anything. Whatever the man was now, he’d clearly been military prior to this or extremely disreputable. Both were certainly not off the table.

* * *

“Permission to treat this witness as hostile?” After the first witness was sworn in, Harm asked Kerrigan, referring to the man sitting in the witness chair with cuffs on his wrists and ankles, and sporting a black eye. An SF was standing on either side of him.

“Proceed.” Kerrigan told him.

“Damned right I’m hostile.” The scruffy man told him.

“Mr. Snrell, is it? Can you tell me in your own words how Colonel O’Neill ended up in our care and custody.”

“Who?”

“The man sitting in the chair in front on the right.”

“Oh. Him.”

“You know that man?”

“Yah, I know him. Ain’t hurt no one call him anything but Jack. Don’t recall his processing number off hand. Don’t care what it was neither.”

“Let the court record show Mr. Snrell recognizes Colonel O’Neill as one of the people entrusted to his tender embrace.” Harm said slightly ironically.

“So noted, Commander.” Kerrigan told him.

“Mr. Snrell, do you happen to recall the events surrounding the processing the man you know as Jack?”

“Yah. I remember.”

“Could you please tell the court what happened in your own words?”

“We brought ‘em in with bunch a garbage off the street and a handful of prisoners.”

“Explain that process if you know how it works.”

“Sure.” He sneered. “The prison ships are never full so we hit local slums and scoop up the garbage until they are.”

“And what do you do with them after that?”

“Take ‘em to the work program and breed ‘em like rodents.” He grinned.

“To what purpose?”

“Money, boy! We get a nice pocket of change for each baby they squirt out.”

“So you intended to sell any child of those in your care?”

“Intended? They was paying us good money for nameless brats no one could trace. We were even nice about it. Once they popped out a few, we let ‘em go and set ‘em up with jobs.”

“Sounds very profitable.”

“Well, I ain’t poor.”

Jack glowered across the room at the man. His testimony immediately prior to this man had resumed with the LC accusing him of seducing Carter then withdrawing the comment like it didn’t put the idea into Kerrigan’s and the rest of the tribunal’s collective heads. This slimy piece of garbage was making the whole thing sound like a good time was had by all.

“So you really don’t care what happens as long as you get your money?”

‘That’s right.”

“Do you allow the prisoners to rape the women if need be?”

Snrell sneered. “We let ‘em fight over ‘em like they are meat then let them take their prizes any way they want.”

“What happens to the men if they refuse to have sex with a woman they have claimed?”

“Depends, I suppose.”

“On?”

“If he’s a good worker, we just take his woman away and let the other men do what they want with her.”

“And if he’s not?”

“We let the men do whatever they want with him. And take the woman away too.” He said. Bauer’s counsel had the grace to turn green.

“What if someone tries to prevent a rape?”

“No one would but if they did we’d kill him too. Prisoners are cheap.”

“So if the man you know as Jack hadn’t succeeded in claiming his teammate, he wouldn’t have been able to do anything to protect her.”

“Nah, he’d be dead.”

“Thank you. No further questions.”

“Do you have any questions for this witness?” Kerrigan asked Bauer’s council.

“No questions for this witness.” Saunders said, her voice horrified at the conditions the defendant had survived with his team. Bauer jabbed her arm with a finger but she shook her head emphatically. Nothing this man said was going to help her case.


	11. Chapter 11

It was the next day when the second prisoner was sworn in. The doctor at least stood with dignity as he was sworn in.

“Doctor Shlontan, was it?”

“Yes.”

“What was your position at the rehabilitation facility, doctor?”

“I was the senior physician.” His voice was quiet, subdued even. Unlike Snrell, he seemed to grasp that his comfortable life as he’d known it was over.

“Do you recognize the man sitting in that chair?” Harm asked of Jack.

“Yes. I examined him for fertility issues when his sexual partner did not become gravid after some time.”

“How much time was that exactly?”

“I don’t know how you measure your time.”

“A complete rotation of this planet is about three hundred sixty five days broken into twelve units called months each of which is divided into approximately four seven day units called weeks.” Harm supplied.

The doctor looked thoughtful. “May I have a writing implement?”

“Bailiff.” Kerrigan waved at the young airman working as the court bailiff.

Doctor Shlontan was handed a pencil and paper. He wrote for a few moments and nodded.

“You have an answer?”

“Yes. We waited three of your months before we examined him for fertility.”

“How many months after that was it before his partner was examined for sexual activity?”

“I’d say about another three of your months after that. She’s a very attractive woman and he seemed fond of her so we thought perhaps we’d simply missed a fertility issue for quite some time.”

“Is that common?”

“No, but it does happen from time to time.”

“When you discovered they were not sexually active, what happened?”

“We gave them the choice of consummating their partnership or she would be returned to the pool.”

“What would have happened to her at that point?”

“What do you mean?”

“Without the protection of a partner, how would she have then been treated?”

“The guards would have let any man who wanted to do so use her sexually until she became gravid.”

“It didn’t bother you that these women were being raped?”

“It really wasn’t my responsibility. Mine was to confirm fertilization and monitor fetal development.”

“So you didn’t care how the female prisoners got pregnant as long as they did.”

“I had no choice. Snrell killed anyone who defied him. The best I was able to do was convince him it wasn’t in the interest of his product to allow the women to continue to be raped once they were gravid.”

“When Colonel O’Neill was given the choice of sex with his partner or allowing her to be returned to the pool, what was his reaction?”

“Objection!”

“I’ll redirect.” Harm said. “Were you in attendance when the Colonel was told he’d have to have intercourse with his partner or she’d be returned to the pool?”

“I was the one who informed him.”

“What was his reaction?”

“He became despondent.”

“In what way?”

“He believed because there wasn’t the option of her simply not having sex at all and that it was still rape.”

“Did his partner have anything to say about that in your presence?”

“She told him she gave him consent if they were forced and there was no other choice.”

“What happened after that?”

“He requested privacy to complete the task. After we examined her to confirm he’d ejaculated inside her, we let them both return to their duties with the admonishment that we’d be checking her specifically for sexual activity from that point onward.”

“How did Colonel O’Neill seem afterwards?”

“He seemed very unhappy about the situation.”

“Thank you, doctor, you have been very helpful.” Harm nodded to the prosecuting counsel.

Standing at her table, Saunders asked, “Doctor, you said women were put back into the pool. Were there any limits on who could take a woman to bed once she was in the pool?”

“Not especially. Anyone could have sex with her. And if someone told her to go to another man so he could also have sex with her she would have no choice.”

“So possibly someone on her team could have just scooped her up each night?”

“They could have, I suppose. But then again, they also couldn’t have. There were no guarantees.”

“I have no further questions.”

“Commander, do you wish to redirect?”

“I don’t believe so. No.” Kerrigan excused the witness who was escorted out of the courtroom by two SFs.

“Anyone else you need to call to the stands?”

Harm thought a moment. He’d planned to call Sam back but it didn’t look like he’d need to now. “Thank you, General, but no.”

“All right, you can both make your closing arguments tomorrow. This tribunal is dismissed until ten hundred.” Kerrigan said and tapped the gavel.

* * *

“I think that pig Snrell took the wind out of Saunder’s sails when he admitted they just killed anyone who tried to stop the raping or didn’t follow the rules.” Jack was telling Sam while she nursed Gracie and started to get out of his class As, not caring about the cameras. Walter had seen plenty of his ass in the showers anyway.

“Daniel said Londaris is extremely tempted to just space them both on the way home.” Sam told him.

“Kind of shocked the guys aren’t here.” Jack admitted.

“Teal’c suggested that in case this was our last night together for a while that we might want to spend it alone.” Sam said and blushed a little.

“He does know there are cameras in here, right?”

Sam snorted in amusement.

“Samantha Carter, you naughty girl.” Jack said, chuckling.

“Oh, like I’m in any condition for _that_.” She said snarkily.

Jack chuckled again and sat down next to her, now dressed in a white t-shirt and his BDU pants. He reached out a finger so he could gently stroke his daughter’s cheek. “Would you if you were? Up to it, I mean?”

Sam looked at Jack from under her eyelashes. “You better be glad I’m not.” She told him in a seductive voice that made him start a little and gulp. Sam gave a little smile of amused pleasure at Jack’s immediate physical response.

“If they make us get married, I’m turning you into a pretzel on our wedding night, Carter.” He growled with obvious lust in his voice.

“Promise?” she asked him in a breathy voice as she laid Gracie down next to her.

Jack slid his fingers into the soft hair at the base of her skull and looked at her lips before staring into her eyes. “You betcha.” He said and claimed her mouth in a lingering searing kiss that had her moaning low in her throat in less than a minute. He gentled the kiss and nipped her lower lip gently. “Sam?”

“Hmm?” she asked him in a dreamy voice. Her hands had somehow crept into the back of his soft T-shirt he’d stripped down to moments before that he’d had on under his Class As.

“If they don’t force us to get married, will you marry me anyway?”

Sam blinked at him a couple times as though she was baffled by the question.

Jack’s smile started to fade slightly and turn bitter. Perhaps he’d misread this after all. He stiffened and started to straighten up, his body leaning away from her.

“Jack?”

“Yah?”

“Are you sure that’s what you want?”

“Look if the answer is no just say so, Carter. My heart can’t really take this.”

“What are you talking about? Of course I want to marry you. I just don’t want you to do it just because of Gracie.”

“Huh?” Jack looked at her in confusion. “Why in the hell would I only ask because of the baby?” He shook his head. “Sam, I’m asking because I love you and no matter how this turns out I’m going to be forced out somehow here. I won’t be your commanding officer any more.”

“Oh.”

“Plus you’re already living in my house and that’s going to get awkward when we try to sleep.”

Sam snorted in mirth then punched his arm.

“So?” He asked her, his soft brown eyes looking deep into hers. “Is that a yes?”

Sam grinned at him. “That is absolutely a yes.”

“Will you come to the hearing tomorrow for closing arguments and to the judgment? I could really use the moral support.” He admitted. She’d stayed away after her testimony specifically at Harm’s recommendation. It showed professional distance and detachment if she wasn’t hovering even if the reason she did so was he was the father of her child.

“All right. I’ll bring Teal’c and Daniel too so it looks more like a team support thing.”

“Bring pennants.”

“I will see what I can do.” She told him laughing.

And then he kissed her again, slowly, gently.

“Ahem.”

Both of them jump slightly at the sound of General Hammond’s voice. Hiding a smile, he told them to remain seated as he entered the room.

“Ah… sir… we were just um…”

“Discussing the case.” Jack says dead pan.

“Yes! Discussing the case.” Sam chirps unconvincingly.

“Colonel, I just came to offer you luck and inform you that everyone who is not on mandatory duty will be in attendance for closing arguments and the judgment. I plan to show that worthless hack who and what this base is made of.” Hammond told them with the tone of an avenging angel.

“Thank you sir.” Jack said humbly.

“Carry on, Colonel… and congratulations. Colonel Pierce owes me fifty dollars.” Hammond told them both with an amused smile as he walked back out, closing the door behind him.

Jack flopped across Sam’s lap in deflated fatigue as though he’d given up the ghost.

Sam giggled. “Don’t flop. You’ll bounce the bed too hard and wake her up.” She said of their daughter who was snuggled on the bed next to her mother.

Jack patted the baby’s rump gently then sighed, still flopped across Sam’s lap. “Doesn’t anyone knock in this place? What if I’d been naked?”

“I’m fairly certain General Hammond has already seen your ass, Jack.” Sam said in amusement. She patted said ass affectionately.


	12. Chapter 12

“Lieutenant Colonel, Commander, do you have your closing arguments ready?” Kerrigan asked them, noting the sea of dress blues of Air Force and Marines alike in the chairs behind the defendant with a small smile. Immediately behind Jack, his team sat together, Teal’c holding Sam’s hand between his two larger ones for comfort and Daniel on her other side. They were appreciative of the support of their colleagues.

“I do, Sir.” Harm told him.

“Yes Sir.” Saunders said.

The space behind Bauer was conspicuously empty. SGC staff had pointedly moved chairs to the other side of the room without so much as a word.

Kerrigan made an absent wave of his hand to the LC representing the US and Bauer.

Saunders stood and started slowly pacing in front of the long table set up as a judge’s bench. “Members of the Tribunal, we’ve all been tempted at one time or another to break the regs, haven’t we? The difference is Colonel O’Neill, instead of doing what we all do which is look at the situation and put honor and country first, put his own desires first. He saw the perfect opportunity to get away with a victimless crime in his eyes and he took it. He knew what he was doing was wrong and he did it anyway. What difference does it make if he felt guilty while he did it? That clearly didn’t stop him. And what’s worse is he got away with tricking these people for months and decided once he’d broken the regs he may as well keep doing it.” She punctuated each point by pounding her right fist into her open left hand.

“Colonel O’Neill used his status as leader of his team to take advantage of a woman under his command over and over again until she became pregnant with his child. He abused her trust and he violated the code of ethics that is the very backbone of this military. He knew regardless of policy his commanding officer would continue to search for him and his team and the only action he took was dishonorable and in violation of his training.”

She stopped and faced Kerrigan and stared him in the eyes. “Colonel O’Neill is a disgrace to his uniform, sirs. He allowed his desires to override his training and that cannot be dismissed or ignored.”

Saunders returned to her seat and looked expectantly at Harm, ignoring General Bauer who was glowering at her as though she’d underperformed.

“Commander Rabb, your closing arguments?”

Harm stood and gave General Bauer a pointed look before turning to the tribunal. “I’m not going to argue for making the regs flexible. There’s no reason for me to. The fact of the matter is, the regs are clear in this case. What is also the fact was that Colonel O’Neill did everything in his power to protect his team including trusting his second in command to know how long they needed to game the system they were forced into without breaking the regulations set forth by their own military.

“The prosecution would like you to ignore how the law is written… ignore precedent. But that isn’t how the USMCC or the USAF works is it?” Harm looked off thoughtfully for a moment.

“Can a dead man break the regulations? Even the doctor for the prison they were being held in admits to the timetable put forth by the entire SG-1 team. The fact of the matter is every action Colonel O’Neill took was an attempt to protect his people. He measured the consequences of each action and chose the path of least damage to his subordinate’s military career regardless of any personal cost.”

Harm looked at Jack who was sitting stoically at the defendant’s table. “The man in that chair knew base policy and did nothing that would damage Major Carter’s career until he was no longer legally her commanding officer. Because that’s the reality here. Once they were declared presumed killed and their pensions were awarded to their surviving family members if they happen to have them, they had no further obligation to their government according to the very oaths they swore to uphold. At that point, their only obligation was to each other to keep their team alive so they could hopefully come home somehow. It does not matter what their commanding officer hoped. Only the law as it is written matters and that law holds no objection to decommissioned officers of any rank having a personal relationship.”

Harm turned and faced the tribunal again. “We wouldn’t even be here today in court had they not. They would still be considered deceased according to the US Government. None of them have even been reinstated yet. The prosecution would have us believe Colonel O’Neill jumped into bed with Major Carter the first chance he got when it is clear by all accounts nothing could be further from the truth. Even going so far as to fake the sounds of sexual encounters so they could continue the subterfuge in front of the medical staff that much longer. Colonel O’Neill went above and beyond duty to keep his team safe without breaking any laws. He’s innocent of wrongdoing and the prosecution knows this.” Harm glared at Bauer. The man was dirty. He had to be and Harm was going to make it his personal mission to find out in exactly what way.

“Sirs, the only just course this court may take is to find Colonel O’Neill not guilty and allow him to get back to his life.”

“Does the defense rest?” Kerrigan asked Harm.

“The defense does, sir.”

“All right, this court will now adjourn until a determination is made. We will contact counsels at that time.” He tapped the gavel.

To a man, the members of the SGC got up and stood at attention and saluted the Generals and Admiral as they left the room so the Tribunal could begin their deliberations.

Once they were gone, Harm turned to Jack with a cautious smile. “That went rather well I think. Kerrigan is on your side. General Hickerson I’m not sure about. Your swing vote is Admiral Kirkja.”

“You’re going to fry, O’Neill, and then your doxie will with you.” Bauer said as he walked up, the attorney he’d chosen to represent the government in the matter trying to hold him back.

As a unit the members of SG-3, 1, a dozen burly Marines from various units who weren’t in the field today, and a smattering of other teams formed up around Jack. Staring Bauer down, Jack’s face was as readable as a stone but Sam knew by his tense shoulders he’d very much like to punch the older man.

“General, I’ll kindly ask you to not address my client directly…. Nor his team.”

“I’ll do what I damn well please, Commander. In case you have forgotten I’m the ranking officer in this room.” Bauer snarled.

“Sorry, Henry, but you aren’t now. Now if you don’t mind, my people have jobs to do. They don’t have time to play with you when you’re off your leash.” George said from behind him.

Bauer turned to Hammond, snarled, and stalked away. Saunders trailing behind him.

“Well then, why don’t we go have lunch people? My treat.” Hammond said with a small smile.

“It’s a trap. He’s treating us to commissary food.” Jack told Harm under his breath. Behind him, Lou snorted with amusement. He cast about for a moment then his shoulders eased. Sam was still between Daniel and Teal’c and the look of blood curdling murder had left her eyes with General Bauer.

“Still better than the crap they served me in boot at Great Lakes.” Harm said under his breath to Jack.

* * *

Three days later, the Tribunal contacted Harm about the determination. He walked into the guest quarters to see Sam and Jack sitting at the small table, drinking coffee in their base uniforms. It looked, he concluded… decidedly domestic. Then he heard a soft snore from a corner. An older dark skinned man with a golden symbol on his head very similar to Teal’c’s was sprawled on the couch, head back, his hand protectively wrapped around the baby being held against his chest.

Jack’s eyes tracked to the couch and he put a finger to his lips. “Master Bra’tac stopped in on business and wanted to meet the baby. She was fussy last night and he stayed up all night soothing her.” He said softy.

“Ah.” Harm said. The Colonel certainly had interesting friends. “Major, are you free this morning? The tribunal has made a determination.”

Sam’s face tensed into a concerned expression. “I can rearrange my schedule.”

“Good. Court is at ten hundred. I’ll see you there.” He glanced at the snoring man one last time and quietly left, pulling the door shut behind him.

“Fit back in your blues yet, Carter?”

Sam walloped him with her newspaper she’d been reading. “I do if I borrow your second best pants.”

Jack gave her a look that made her hum with need and color to rise up her cheek and down her chest into her black tank top. He grinned a little at the results. If he had to be on the edge because she was wearing his pants, he was going to make her think of exactly how he intended to remove them.

Daniel at least knocked before barging in. “Did Harm tell you guys?” He blurted. Utterly unaware his best friends had been stripping each other naked mentally a moment before.

“Yah. I need to change. My Class A’s are in my quarters.”

“Have Daniel grab my pants. He knows the combo on my locker.”

“Did I miss something?”

“My skirt won’t button yet. I have about an hour to hem Jack’s spare pants to wear under my jacket.” Sam explained.

“That’s going to be too tight too.” Jack said with a leer.

“Jack!” Daniel squeaked, scandalized.

“Relax, Danny. Hammond already knows where this is going. Either way they will force me out so I may as well do what I want.”

“You don’t think they will reinstate you?”

“Nope.” He said, popping the p.

“Er, well, okay, I guess I’ll go get you those pants, Sam. I’ll drop them off at your regular quarters.”

“Thank you, Daniel.” Sam said to him with a sweet and rather amused smile.

After Daniel left, Sam chuckled. “Really, Jack?”

“After all the times he’s cockblocked me with you?” Jack asked her incredulously.

Sam giggled, kissed his cheek as she walked by and left. “If Master Bra’tac wants to join us, call a nurse to watch Gracie.”

“Okay mom.” Jack said absently as he opened the closet door and pulled down the ironing board to touch up his slacks and shirt.

* * *

“All rise.” The bailiff intoned.

One side of the room sounded suspiciously like a parade ground as SGC members rose as one and snapped to attention.

Jack’s face as blank and Sam once again stood a couple rows back. All of SG-1 would have liked to sit directly behind Jack in solidarity but Sam had been concerned how it might look if Jack’s first reaction went anything like the story he’d told her about the time loop incident.

Kerrigan waved everyone back into their seats. He smiled a little. He was glad the man’s team was behind him literally. Not to mention the entire SGC. “Will the defendant please rise.” He said.

Jack got to his feet again and stood at attention.

Kerrigan put his glasses on and looked down at a sheet of paper. “In the matter of Colonel Jonathan James O’Neill and the charge of sexual harassment… we find the defendant not guilty.

“In the matter of Colonel Jonathan James O’Neill and the charge of sexual misconduct… we find the defendant not guilty.” He paused when a whoosh of relieved sighs filled the gallery behind O’Neill.

“In the matter of Colonel Jonathan James O’Neill and the charge of conduct unbecoming of an officer… we will dismiss the charges and restore all pension rights and privileges conditionally.” He looked a little amused. “Major Carter, please stand.”

Sam kept a straight face as she stood. She was glad Jack had warned her what might be coming. She got it, really, if she refused, Jack lost his pension. Arguably he’d invested his money well over the years but that wasn’t the point.

“Major Carter, you are under no obligation to agree to the terms set forth by this tribunal and will incur no punitive measures should you do so. Do you understand your rights?”

“I do, sir.”

“Good. Colonel, provisionally with the Major’s agreement, of course, the US Air Force will reinstate your pension privileges provided you assume legal responsibility for your actions by marrying Major Carter within the next six months.”

“What? How the hell is that a punishment?!” Bauer yelled. “He fucks her and you’re rewarding him for it? This isn’t justice! I demand a retrial with competent judges.”

Kerrigan banged his gavel hard enough to shake the table. He glared at Bauer at the language used. “That is enough, General. The Tribunal’s decision stands. This court is dismissed.” He banged the gavel one more time and the Tribunal members are stood and left the room.

The members of the SGC took that as an indication to celebrate Jack’s good fortune by standing and cheering then thumping him on the back affectionately.

When Bauer made a move to come closer, two hard eyed Marines moved to intercept and stood arms crossed, blocking his way. Bauer glared up at them before stalking away.

Meanwhile Jack had snagged Sam and was hugging her tightly, much to the delight of their coworkers.

**Notes for the Chapter:**

> And so ends part two… but wait… there’s more…


End file.
